FIREARMS ACT 1996 - SECT 3 Definitions

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FIREARMS ACT 1996 - SECT 3

Definitions

(1) In this Act—

S. 3(1) def. of acquire amended by No. 22/1998 s. 4(a) , substituted by No. 28/2003 s. 3(1)(a).

"acquire", in relation to any thing, includes buying or coming into possession of the thing (whether the thing is in Victoria or elsewhere) but does not include borrowing the thing;

S. 3(1) def. of airgun inserted by No. 28/2007 s. 3(Sch. item 26.2).

"airgun" includes air rifle;

S. 3(1) def. of antique handgun inserted by No. 78/2005 s. 3(1)(a), substituted by No. 50/2007 s. 3(1)(b).

"antique handgun" means a handgun—

(a) that was manufactured before 1 January 1900; and

(b) that uses percussion as a means of ignition; and

S. 3(1) def. of antique handgun collectors licence inserted by No. 78/2005 s. 3(1)(a).

"antique handgun collectors licence" means a licence issued under section 21B;

S. 3(1) def. of approved club amended by No. 28/2003 s. 3(1)(d).

"approved club" means a club approved by the Chief Commissioner under section 10(3);

S. 3(1) def. of approved firearms collectors club inserted by No. 28/2003 s. 3(1)(c).

approved firearms collectors club means a person or body approved by the Chief Commissioner under section 123H;

S. 3(1) def. of approved handgun target shooting club inserted by No. 28/2003 s. 3(1)(c).

approved handgun target shooting club means a person or body approved by the Chief Commissioner under section 123A;

S. 3(1) def. of approved handgun target shooting match inserted by No. 28/2003 s. 3(1)(c), substituted by Nos 78/2005 s. 3(1)(b), 52/2010 s. 3(1)(a), amended by No. 12/2012 s. 7(1).

"approved handgun target shooting match" means—

(a) a competitive target shooting match approved by the Chief Commissioner that is conducted by an approved handgun target shooting club at an approved shooting range; or

(b) a handgun target shooting match conducted in another State or a Territory or a place outside Australia that is recognised by the Chief Commissioner under section 16(12)(a) to be an approved handgun target shooting match;

"approved shooting range" means a shooting range approved by the Chief Commissioner under section 179;

S. 3(1) def. of armed guard activity inserted by No. 50/2007 s. 3(1)(a).

"armed guard activity" means the activity, performed by a person acting as a security guard, of protecting, watching or guarding any property while being in possession of a firearm;

S. 3(1) def. of airgun amended by No. 78/2005 s. 3(1)(c), repealed by No. 28/2007 s. 3(Sch. item 26.1).

* * * * *

S. 3(1) def. of black powder handgun inserted by No. 78/2005 s. 3(1)(a).

"black powder handgun" means a handgun that—

(a) uses black powder to propel a projectile; and

(b) is not capable of being loaded with or discharging breech-loaded metallic cartridges;

"carry" in relation to a firearm, includes the carriage of that firearm either as a whole or in parts and either by one person or more than one person;

S. 3(1) def. of cartridge ammunition inserted by No. 22/1998 s. 4(g).

"cartridge ammunition" means ammunition having a bullet or other projectile and a priming device fixed to or enclosed in a cartridge case which is composed wholly or partly of material other than paper;

S. 3(1) def. of cash-in-transit activity inserted by No. 50/2007 s. 3(1)(a).

"cash-in-transit activity" means the activity, performed by a person acting as a security guard, of collecting, transferring or delivering cash or other valuables;

S. 3(1) def. of category 1 firearms collectors licence inserted by No. 28/2003 s. 3(1)(c).

category 1 firearms collectors licence means a licence issued under section 21;

S. 3(1) def. of category 2 firearms collectors licence inserted by No. 28/2003 s. 3(1)(c).

category 2 firearms collectors licence means a licence issued under section 21A;

S. 3(1) def. of category A longarm amended by No. 3/2019 s. 38(a).

category A longarm means any of the following—

(a) an airgun;

(b) a rimfire rifle (other than a semi-automatic rimfire rifle);

(d) any combination of a shotgun and rimfire rifle;

S. 3(1) def. of category B longarm amended by Nos 22/1998 s. 4(b), 3/2019 s. 38(b).

"category B longarm" means any of the following—

(a) a muzzle loading firearm;

(b) a centre fire rifle (other than an automatic or a semi-automatic centre fire rifle);

(d) a black powder, ball firing cannon;

(e) a lever action shotgun with a magazine capacity of no more than 5 rounds;

"category C longarm" means any of the following—

(a) a semi-automatic rimfire rifle with a magazine capacity of no more than 10 rounds;

(b) a semi-automatic shotgun with a magazine capacity of no more than 5 rounds;

(d) a tranquilliser gun;

S. 3(1) def. of category D longarm amended by Nos 50/2007 s. 3(1)(c), 21/2008 s. 7(a), 3/2019 s. 38(c).

"category D longarm" means any of the following—

(a) a semi-automatic rimfire rifle with a magazine capacity of more than 10 rounds;

(b) a semi-automatic shotgun with a magazine capacity of more than 5 rounds;

(ba) a lever action shotgun with a magazine capacity of more than 5 rounds;

(d) a semi-automatic centre fire rifle;

(e) any other firearm prescribed for the purposes of this category;

(f) any other firearm that is declared under section 3A(1) to be a category D longarm;

(g) any other firearm that is declared under section 3B(1)(a) to be a category D longarm;

S. 3(1) def. of category E handgun inserted by No. 28/2003 s. 3(1)(c), amended by No. 50/2007 s. 3(1)(d).

category E handgun means any of the following—

(a) a machine gun that is a handgun;

(b) any handgun prescribed for the purposes of this category;

S. 3(1) def. of category E longarm amended by Nos 22/1998 s. 4(c) , 28/2003 s. 3(1)(e), 50/2007 s. 3(1)(e), 21/2008 s. 7(b).

"category E longarm" means any of the following—

(a) a machine gun that is a longarm;

(b) a tear gas gun or projector;

(d) a mortar, bazooka, rocket propelled grenade or similar large calibre military firearm designed to fire an explosive or projectile or any other similar prescribed firearm;

(da) a cannon which is not a black powder ball firing cannon;

(e) any other firearm prescribed for the purposes of this category;

(f) any other firearm that is declared under section 3A(1) to be a category E longarm;

(g) any other firearm that is declared under section 3B(1)(b) to be a category E longarm;

S. 3(1) def. of Chief Com-missioner amended by No. 37/2014 s. 10(Sch. item 63.1(b)).

"Chief Commissioner" means the Chief Commissioner of Police appointed under the Victoria Police Act 2013 ;

S. 3(1) def. of close associate inserted by No. 28/2003 s. 3(1)(c).

"close associate", in relation to the holder of a dealers licence, means a person—

(a) who is able to exercise a significant influence over or with respect to the conduct of the business conducted under the dealers licence because that person—

(i) holds an interest in the capital or assets of that business or is entitled to receive any income derived from that business (whether the entitlement arises at law or in equity or otherwise); or

(ii) holds any power (whether exercisable by voting or otherwise and whether exercisable alone or in association with others) to participate in any managerial or executive decision in that business or to appoint any person to a position of management in that business (whether in the capacity of director, manager or secretary or in any other capacity); or

(b) who participates in the management of the business conducted under the licence (whether in the capacity of director, manager or secretary or in any other capacity)—

and, in relation to an applicant for a dealers licence, means any person who would, if a licence were issued to the applicant, be a person to whom paragraph (a) or (b) would apply;

"Committee" means the Firearms Appeals Committee established under Part 9;

"dealers licence" means a firearms dealers licence issued under section 60;

S. 3(1) def. of declared organisation member inserted by No. 55/2014 s. 87(2).

"declared organisation member" has the same meaning as it has in the Criminal Organisations Control Act 2012 ;

S. 3(1) def. of Department amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 78.1(a)).

"Department" has the same meaning as in the Public Administration Act 2004 ;

S. 3(1) def. of Department Head amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 78.1(b)).

"Department Head" has the same meaning as in the Public Administration Act 2004 ;

S. 3(1) def. of Director, Police Integrity inserted by No. 34/2008 s. 143(Sch. 2 item 7.1), repealed by No. 82/2012 s. 94(1).

* * * * *

S. 3(1) def. of dispose of substituted by No. 28/2003 s. 3(1)(b).

"dispose of", in relation to any thing, includes—

(a) selling the thing;

(b) offering to sell the thing;

(whether or not the thing is to remain in Victoria) but does not include lending the thing;

S. 3(1) def. of domestic partner inserted by No. 72/2001 s. 3(Sch. item 8.1), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 23.1).

"domestic partner "of a person means—

(a) a person who is in a registered relationship with the person; or

(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i) for fee or reward; or

(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

"drug" has the same meaning as in the Road Safety Act 1986 ;

S. 3(1) def. of final interstate DVO inserted by No. 53/2016 s. 96(a).

"final interstate DVO "means an interstate DVO that is a final order, within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

S. 3(1) def. of final recognised DVO inserted by No. 53/2016 s. 96(a).

"final recognised DVO "means a non-local DVO—

(a) that is a recognised DVO; and

(b) that is a final order, within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

S. 3(1) def. of firearm amended by Nos 22/1998 s. 4(d) , 28/2003 s. 3(1)(f), 50/2007 s. 3(1)(f), 52/2010 s. 3(1)(c), 12/2012 s. 7(2), 44/2021 s. 8.

"firearm" means any device, whether or not assembled or in parts—

(a) which is designed or adapted, or is capable of being modified, to discharge shot or a bullet or other missile by the expansion of gases produced in the device by the ignition of strongly combustible materials or by compressed air or other gases, whether stored in the device in pressurised containers or produced in the device by mechanical means; and

(b) whether or not operable or complete or temporarily or permanently inoperable or incomplete—

and which is not—

(c) an industrial tool powered by cartridges containing gunpowder or compressed air or other gases which is designed and intended for use for fixing fasteners or plugs or for similar purposes; or

(d) a captive bolt humane killer; or

(e) a spear gun designed for underwater use; or

(f) a device designed for the discharge of signal flares; or

* * * * *

(h) a device commonly known as a kiln gun or ringblaster, designed specifically for knocking out or down solid material in kilns, furnaces or cement silos; or

(i) a device commonly known as a line thrower designed for establishing lines between structures or natural features and powered by compressed air or other compressed gases and used for rescue purposes, rescue training or rescue demonstration; or

(j) a device of a prescribed class;

S. 3(1) def. of firearm prohibition order inserted by No. 10/2024 s. 4.

"firearm prohibition order" means an order under section 112D(1) ;

"firearms ammunition collectors licence" means a firearms ammunition collectors licence issued under section 28;

S. 3(1) def. of firearms collectors licence amended by Nos 28/2003 s. 3(1)(h), 78/2005 s. 3(1)(d).

firearms collectors licence means a firearms collectors licence issued under section 21, 21A or 21B;

"firearms heirlooms licence" means a firearms heirlooms licence issued under section 25;

S. 3(1) def. of fixed ammunition repealed by No. 22/1998 s. 4(e).

* * * * *

S. 3(1) def. of general category handgun inserted by No. 28/2003 s. 3(1)(c).

general category handgun means a handgun that is not a category E handgun;

S. 3(1) def. of general category handgun licence inserted by No. 28/2003 s. 3(1)(c).

general category handgun licence means a handgun licence issued under section 15;

"handgun" means a firearm that—

(a) is reasonably capable of being carried or concealed about the person; or

(b) is reasonably capable of being raised and fired by one hand; or

S. 3(1) def. of handgun licence amended by No. 28/2003 s. 3(1)(g).

handgun licence means a licence issued under section 15 or section 16A;

S. 3(1) def. of handgun security guard licence inserted by No. 78/2005 s. 3(1)(a).

"handgun security guard licence" means a handgun licence issued under section 15(1)(a) for the occupation of security guard;

S. 3(1) def. of handgun target shoot inserted by No. 78/2005 s. 3(1)(a).

"handgun target shoot" means a handgun target shoot that complies with section 16(8);

S. 3(1) def. of h andgun target shooting licence inserted by No. 78/2005 s. 3(1)(a).

"handgun target shooting licence" means a handgun licence issued under section 15(1)(b) for target shooting;

S. 3(1) def. of IBAC inserted by No. 82/2012 s. 94(2).

"IBAC" has the same meaning as it has in the Independent Broad-based Anti-corruption Commission Act 2011 ;

S. 3(1) def. of IBAC Officer inserted by No. 2/2018 s. 5(1).

"IBAC Officer" has the same meaning as in the Independent Broad-based Anti-corruption Commission Act 2011 ;

S. 3(1) def. of in detention inserted by No. 10/2024 s. 4.

"in detention" means either of the following—

(a) in detention within the meaning of the Criminal Procedure Act 2009 ;

(b) in immigration detention within the meaning of section 5 of the Migration Act 1958 of the Commonwealth;

S. 3(1) def. of infringement penalty repealed by No. 32/2006 s. 94(Sch. item 20(1)).

* * * * *

S. 3(1) def. of inter-State licence inserted by No. 22/1998 s. 4(g).

"inter-State licence" means a licence (however described) to possess, carry or use a firearm issued in a prescribed State or a prescribed Territory which corresponds with a licence issued under Part 2;

S. 3(1) def. of inter-State permit to acquire inserted by No. 84/1997 s. 42(a).

"inter-State permit to acquire" means a permit (however described) to acquire a firearm issued in a prescribed State or a prescribed Territory which corresponds with a permit to acquire;

S. 3(1) def. of interstate DVO inserted by No. 53/2016 s. 96(a).

"interstate DVO" means an interstate DVO within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

S. 3(1) def. of junior handgun target shooting licence inserted by No. 78/2005 s. 3(1)(a).

"junior handgun target shooting licence" means a junior licence issued for the purposes of receiving instruction in the use of handguns or engaging in sport or target shooting competitions;

"junior licence" means a licence issued under section 18 ;

S. 3(1) def. of known information inserted by No. 28/2003 s. 3(1)(c).

known information in relation to a close associate, means any records about the close associate kept by or on behalf of—

(a) the Chief Commissioner; or

(b) any person holding a position equivalent to that of the Chief Commissioner in the Commonwealth or in any other State or Territory of the Commonwealth or in any other country;

"licensed firearms dealer" means a person who is the holder of a dealers licence;

"licensed premises" in relation to dealers licence, means the premises specified in dealers licence;

"longarm" means any firearm other than a handgun;

"longarm licence" means a licence issued under section 9 ;

"machine gun" means a firearm which can fire more than one projectile with a single pressure of the trigger or other like appliance;

S. 3(1) def. of member of staff of the Office of Police Integrity inserted by No. 34/2008 s. 143(Sch. 2 item 7.1), repealed by No. 82/2012 s. 94(1).

* * * * *

S. 3(1) def. of member of the police force repealed by No. 37/2014 s. 10(Sch. item 63.1(c)).

* * * * *

S. 3(1) def. of midwife inserted by No. 13/2010 s. 51(Sch. item 23.3).

"midwife "means a person registered under the Health Practitioner Regulation National Law—

(a) to practise in the nursing and midwifery profession as a midwife (other than as a student); and

(b) in the register of midwives kept for that profession;

S. 3(1) def. of nominated officer inserted by No. 28/2003 s. 3(1)(c).

nominated officer means a person nominated under section 123N ;

"nominated person" means any person nominated in an application for a licence under Part 2 or Part 3 or any person nominated in the place of that person during the course of the licence, notice of whose nomination has been given to the Chief Commissioner;

S. 3(1) def. of non-local DVO inserted by No. 53/2016 s. 96(a).

"non-local DVO" means a non-local DVO within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

"non-prohibited person" means a person who is not a prohibited person;

S. 3(1) def. of nurse inserted by No. 13/2010 s. 51(Sch. item 23.3).

"nurse "means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a midwife or as a student);

S. 3(1) def. of officer amended by Nos 44/2001 s. 3(Sch. item 45), 21/2008 s. 12.

"officer"—

(a) in relation to a body corporate which is a corporation within the meaning of the Corporations Act, has the same meaning as in section 9 of that Act; and

(b) in relation to a body corporate which is not a corporation within the meaning of that Act, means any person (by whatever name called) who is concerned in or takes part in the management of the body corporate—

but does not include an employee of the body corporate;

S. 3(1) def. of paintball inserted by No. 78/2005 s. 3(1)(a).

"paintball" means a projectile that primarily consists of a dye or similar substance designed to mark a person or object;

S. 3(1) def. of paintball marker inserted by No. 78/2005 s. 3(1)(a).

"paintball marker" means a firearm that is designed to discharge a paintball;

S. 3(1) def. of paintball marker licence inserted by No. 78/2005 s. 3(1)(a).

"paintball marker licence" means a licence issued under section 9(6) ;

S. 3(1) def. of parental responsibility inserted by No. 10/2024 s. 4.

"parental responsibility", in relation to an individual under the age of 18 years, means all the duties, powers, responsibilities and authority which, by law or custom, parents have in relation to their children;

S. 3(1) def. of percussion inserted by No. 78/2005 s. 3(1)(a).

"percussion" means a means of ignition in a firearm in which metallic chemical compounds or fulminates are used to ignite the main powder charge;

"permit to acquire" means a permit issued under section 103 ;

S. 3(1) def. of pest animal inserted by No. 22/1998 s. 4(g).

"pest animal" has the same meaning as in the Catchment and Land Protection Act 1994 ;

S. 3(1) def. of pest animal repealed by No. 30/1999 s. 32(a).

* * * * *

S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 63.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013 ;

"possession" in relation to a firearm, includes—

(a) actual physical possession of the firearm; or

(b) custody or control of the firearm; or

S. 3(1) def. of premises inserted by No. 2/2018 s. 5(1).

"premises" means any place, whether built on or not and whether enclosed or not, and includes any building or structure on the place;

S. 3(1) def. of prescribed State inserted by No. 84/1997 s. 42(a).

"prescribed State" means a State which has been prescribed for the purposes of the definition of inter-State permit to acquire;

S. 3(1) def. of prescribed Territory inserted by No. 84/1997 s. 42(a).

"prescribed Territory" means a Territory which has been prescribed for the purposes of the definition of inter-State permit to acquire;

S. 3(1) def. of private security business inserted by No. 50/2007 s. 3(1)(a).

"private security business" means a business that is carried on by the holder of a private security business licence under Part 3 of the Private Security Act 2004 ;

S. 3(1) def. of prohibited person amended by Nos 84/1997 s. 42(b), 22/1998 s. 4(f), 30/1999 s. 30 , 28/2003 s. 3(1)(i), 50/2007 s. 3(1)(g), 52/2008 s. 245, 68/2008 s. 70, 53/2010 s. 221(Sch. item 5.1), 65/2011 s. 107(Sch. items 6.1, 6.2) (as amended by No. 43/2012 s. 3(Sch. item 47.4)), 55/2014 s. 87(1), 55/2014 s. 147, 53/2016 s. 96(b), 27/2018 s. 359(1).

"prohibited person" means—

(a) a person who is serving a term of imprisonment for—

(i) an indictable offence; or

(ii) an assault; or

(iii) an offence under the Drugs, Poisons and Controlled Substances Act 1981 ; or

(iiia) an offence under the Control of Weapons Act 1990 —

or, in relation to a person—

(iv) not more than 15 years have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or

(v) not more than 5 years have expired since the person finished serving a term of imprisonment of less than 5 years for such an offence; or

(b) a person who is serving a term of imprisonment in another State or a Territory for an offence of a corresponding nature to an offence listed in paragraph (a) or in relation to a person—

(i) not more than 15 years have expired since the person finished serving a term of imprisonment in another State or a Territory of 5 years or more for such an offence; or

(ii) or not more than 5 years have expired since that person finished serving a term of imprisonment in another State or a Territory of less than 5 years for such an offence; or

(ba) a person—

(i) who is serving a term of imprisonment for an offence under section 321 or 321A of the Crimes Act 1958 ; or

(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment for an offence specified in subparagraph (i); or

(bb) a person—

(i) who is serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence of a corresponding nature to an offence specified in paragraph (ba)(i); or

(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence specified in paragraph (ba)(i); or

(i) a final order under the Family Violence Protection Act 2008 , a final interstate DVO or a final recognised DVO that does not include conditions cancelling or revoking a licence, permit or authority under this Act or, in the case of a DVO, a corresponding law of the jurisdiction in which the DVO was made; or

(ia) a final order under the Family Violence Protection Act 2008 , a final interstate DVO or a final recognised DVO that does include conditions cancelling or revoking a licence, permit or authority under this Act or, in the case of a DVO, a corresponding law of the jurisdiction in which the DVO was made; or

(ib) a final order under the Personal Safety Intervention Orders Act 2010 that does not cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ic) a final order under the Personal Safety Intervention Orders Act 2010 that does cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ii) an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991 ; or

(iia) a community correction order, within the meaning of the Sentencing Act 1991 , that has a supervision condition attached under section 48E of the Sentencing Act 1991 ; or

(iii) a supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 —

or, in relation to a person, not more than 5 years have expired since the person was subject to such an order; or

(ca) a declared individual within the meaning of the Criminal Organisations Control Act 2012 ; or

(cb) a person to whom a control order (within the meaning of the Criminal Organisations Control Act 2012 ) applies; or

(cc) a person who is subject to a supervision order or an interim supervision order under the Serious Offenders Act 2018 that—

(i) suspends, cancels or revokes a licence, permit or authority under this Act; or

(ii) does not suspend, cancel or revoke a licence, permit or authority under this Act;

(d) a person, in relation to whom, not more than 12 months have expired since that person was found guilty by a court, whether in Victoria or in another State or a Territory, of—

(i) an offence against this Act, in relation to which it was open to the court to impose a term of imprisonment; or

(ii) an offence against any other Act involving the possession or use of firearms and in relation to which it was open to the court to impose a term of imprisonment; or

(iii) an indictable offence—

and who is not, by virtue of the operation of any other paragraph of this definition, a prohibited person; or

(e) any person who is of a prescribed class of persons;

* * * * *

S. 3(1) def. of protective services officer substituted by No. 37/2014 s. 10(Sch. item 63.1(d)).

"protective services officer" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of provisional general category handgun licence inserted by No. 78/2005 s. 3(1)(a).

"provisional general category handgun licence" means a provisional licence issued under section 58A;

S. 3(1) def. of public place inserted by No. 25/2009 s. 8(b).

public place has the same meaning as it has in section 3 of the Summary Offences Act 1966 ;

"pump action shotgun" means a shotgun which is, or has been at any time, constructed with an action which includes a moveable forearm or fore-end which is manually activated by a motion parallel to the barrel by the person using the gun;

S. 3(1) def. of recognised DVO inserted by No. 53/2016 s. 96(a).

"recognised DVO" means a recognised DVO within the meaning of the National Domestic Violence Order Scheme Act 2016 ;

S. 3(1) def. of registered inserted by No. 28/2003 s. 3(1)(c).

registered means registered under Part 5;

S. 3(1) def. of registered medical practitioner substituted by Nos 97/2005 s. 182(Sch. 4 item 20(a)), 13/2010 s. 51(Sch. item 23.1(a)).

"registered medical practitioner "means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);

S. 3(1) def. of registered nurse substituted by No. 97/2005 s. 182(Sch. 4 item 20(b)), repealed by No. 13/2010 s. 51(Sch. item 23.2).

* * * * *

S. 3(1) def. of registered psychologist substituted by No. 41/2000 s. 102(Sch. item 4), amended by No. 97/2005 s. 182(Sch. 4 item 20(c)), substituted by No. 13/2010 s. 51(Sch. item 23.1(b)).

"registered psychologist "means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession (other than as a student);

"responsible person" means—

(a) in the case of a body corporate, any officer of the body corporate or the person nominated in an application for a licence by a body corporate under Part 2 or 3; or

(b) in the case of a Department—

(i) the person authorised by the Department Head to make an application for a licence under Part 2; or

(ii) the person nominated in an application for a licence on behalf of a Department under Part 2;

S. 3(1) def. of restricted ammunition inserted by No. 78/2005 s. 3(1)(a).

"restricted ammunition", in relation to a handgun, means any ammunition for use in the handgun that—

(a) is not factory manufactured; or

(b) is not recommended by the manufacturer of the handgun as being appropriate for that handgun; or

"semi-automatic" when used to describe a rifle or shotgun, means a rifle or shotgun which is constructed or has been, at any time, constructed so that—

(a) each bullet or missile is discharged by a separate application of pressure to the trigger; and

(b) the energy of the discharge is used as part of the reloading cycle of the rifle or shotgun (as the case may be);

S. 3(1) def. of senior IBAC Officer inserted by No. 82/2012 s. 94(2).

"senior IBAC Officer" has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011 ;

S. 3(1) def. of serial number inserted by No. 52/2010 s. 3(1)(b).

"serial number", of a firearm, means a number that enables the firearm to be individually identified that has been—

(a) assigned to the firearm by its manufacturer; or

(b) stamped or otherwise affixed to the firearm in accordance with section 119A or 119B;

S. 3(1) def. of service direction determination inserted by No. 10/2024 s. 4.

"service direction determination" means a determination made under section 112V;

S. 3(1) def. of service search warrant inserted by No. 10/2024 s. 4.

"service search warrant" means a warrant issued under section 112ZG ;

S. 3(1) def. of shooting gallery amended by Nos 2/2018 s. 5(2), 9/2020 s. 390(Sch. 1 item 41).

"shooting gallery" means any room, gallery, saloon, land or premises used with the permission of a Council (within the meaning of the Local Government Act 2020 ) for the purpose of practising shooting with airguns, other than paintball markers, whether on payment or otherwise;

"silencer" means any instrument or thing by means of which the sound caused by the discharge of a firearm is rendered less audible, whether the instrument or thing forms part of the firearm or is or can be affixed or attached to the firearm;

S. 3(1) def. of single shot antique handgun inserted by No. 78/2005 s. 3(1)(a).

"single shot antique handgun" means an antique handgun that is a black powder handgun that is capable of firing one shot only before requiring reloading;

S. 3(1) def. of special vulnerability inserted by No. 10/2024 s. 4.

"special vulnerability", in relation to a person, means that the person—

(a) is an Aboriginal person or a Torres Strait Islander; or

(b) is under the age of 18 years; or

(d) has a disability, including a physical disability, intellectual disability or cognitive impairment;

S. 3(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 8.1).

"spouse" of a person means a person to whom the person is married;

S. 3(1) def. of term of imprisonment amended by Nos 48/2006 s. 42(Sch. item 14), 25/2009 s. 8(a), 65/2011 s. 107(Sch. item 6.3).

"term of imprisonment" includes—

(a) a term that is suspended wholly or partly; and

(b) any term of imprisonment that is served by way of intensive correction in the community within the meaning of the Sentencing Act 1991 as in force before the commencement of section 15 of the Sentencing Amendment (Community Correction Reform) Act 2011 ; and

(d) any period of detention in a youth justice centre;

S. 3(1) def. of vehicle inserted by No. 25/2009 s. 8(b), amended by No. 52/2010 s. 3(1)(d).

"vehicle" includes motor vehicle, aircraft and vessel;

S. 3(1) def. of Victoria Police inserted by No. 10/2024 s. 4.

"Victoria Police" has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of Victoria Police employee inserted by No. 37/2014 s. 10(Sch. item 63.1(a)).

Victoria Police employee has the same meaning as in the Victoria Police Act 2013 ;

S. 3(1) def. of work purposes in Victoria inserted by No. 52/2010 s. 3(1)(b).

"work purposes in Victoria", in relation to the requirement to hold a firearm licence, means that the applicant or the holder of the licence, as the case may be—

(a) is required under a contract of employment or a contract for services to hold a Victorian firearm licence; or

(b) in the normal course of conducting a business is required to hold a Victorian firearm licence.

S. 3(1A) inserted by No. 72/2001 s. 3(Sch. item 8.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 23.2).

(1A) For the purposes of the definition of domestic partner in subsection (1)—

(a) "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

S. 3(2) amended by No. 50/2007 s. 3(2), repealed by No. 52/2010 s. 3(2).

* * * * *

S. 3(3) inserted by No. 28/2003 s. 3(2).

(3) For the purposes of this Act, in determining whether a particular offence is a first offence, any other offence in respect of which a conviction was recorded or a finding of guilt was made 10 years or more before the commission of the particular offence, is to be disregarded.

S. 3(4) inserted by No. 28/2003 s. 3(2).

(4) This Act does not apply to a firearm that was manufactured before 1900, if—

(a) in the case of any such firearm that is a longarm—

(i) it does not take cartridge ammunition; or

(ii) if it does take cartridge ammunition, the cartridge ammunition that it takes is not commercially available; or

S. 3(4)(b) amended by No. 78/2005 s. 3(2), substituted by No. 50/2007 s. 3(3).

(b) the firearm—

(i) is not a handgun of a type that uses percussion, or methods developed during or after the development of percussion, as a means of ignition; or

(ii) is a single shot antique handgun.

S. 3A (Heading) amended by No. 21/2008 s. 8.

S. 3A
inserted by No. 50/2007 s. 4.

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