5—Categories and types of firearms
(1) Firearms are
divided into the following categories for the purposes of this Act:
(a)
"category A firearms" consisting of the following:
(i)
air guns;
(ii)
paint-ball firearms;
(iii)
rim fire rifles (not being self-loading rifles);
(iv)
shotguns (not being self-loading, pump action or lever
action shotguns);
(v)
break action combination shotguns and rim fire rifles;
(b)
"category B firearms" consisting of the following:
(i)
muzzle loading firearms (not being handguns);
(ii)
revolving chamber rifles;
(iii)
centre fire rifles (not being self-loading centre fire
rifles);
(iv)
multiple barrel centre fire rifles that are not designed
to hold additional rounds in a magazine;
(v)
break action combination shotguns and rifles (not being
break action combination shotguns and rim fire rifles);
(va)
lever action shotguns having a magazine capacity of 5 rounds or less;
(vi)
all other firearms (not being prescribed firearms,
handguns, self-loading firearms, pump action shotguns or lever action shotguns
having a magazine capacity of more than 5 rounds) that are not
category A firearms;
(c)
"category C firearms" consisting of the following:
(i)
self-loading rim fire rifles having a magazine capacity
of 10 rounds or less;
(ii)
self-loading shotguns having a magazine capacity of
5 rounds or less;
(iii)
pump action shotguns having a magazine capacity of
5 rounds or less;
(d)
"category D firearms" consisting of the following:
(i)
self-loading rim fire rifles having a magazine capacity
of more than 10 rounds;
(ii)
self-loading centre fire rifles;
(iii)
self-loading shotguns having a magazine capacity of more
than 5 rounds;
(iv)
pump action shotguns having a magazine capacity of more
than 5 rounds;
(v)
lever action shotguns having a magazine capacity of more
than 5 rounds;
(e)
"category H firearms" consisting of handguns (not being prescribed firearms);
(f)
"prescribed firearms" consisting of the following:
(i)
automatic firearms;
(ii)
mortars, bazookas, rocket propelled grenades and similar
military firearms designed to fire explosive projectiles;
(iii)
firearms designed to fire projectiles containing tear gas
or any other lachrymatory substance or any nauseating substance or poison (but
not firearms designed to tranquillise, immobilise or administer vaccines or
other medicines to animals);
(iv)
firearms designed to have the appearance of other
objects;
(v)
firearms of a kind declared by the regulations to be
prescribed firearms.
"air gun" means a firearm (other than a handgun) designed to fire shot,
bullets or other projectiles by means of compressed air or other compressed
gas and not by means of burning propellant;
"antique firearm" means a firearm that—
(a) was
manufactured before 1900; and
(b) is
kept solely for curiosity, display, ornamental or investment purposes; and
(c) is
not used to fire projectiles; and
(i)
in the case of a firearm other than a category H
firearm—
(A) is designed to fire breech loading
cartridges and is a firearm the ammunition for which is not ordinarily
available for purchase by retail in Australia; or
(B) is not designed to fire breech loading
cartridges; or
(ii)
in the case of a category H firearm—is a
handgun designed or altered to fire by means of a flintlock, matchlock,
wheel-lock or other system used prior to the use of percussion caps as a means
of ignition;
"automatic firearm" means a firearm that is designed to fire a round when the
trigger is brought to the firing position and to continue to fire 1 or
more rounds automatically while the trigger is held in that position;
"handgun" means a firearm with a barrel length of less than
400 millimetres that is designed or adapted for aiming and firing from
the hand and is reasonably capable of being carried concealed about the
person;
"paint-ball firearm" means an air gun designed to fire paint-balls;
"pump action shotgun" means a shotgun that is reloaded manually by moving the
forward hand grip which is part of the loading mechanism of the gun backwards
and then forwards;
"self-loading firearm" means a firearm that is designed to fire a round when
the trigger is brought to the firing position and to continue to fire
1 or more rounds by releasing the trigger and returning it to the firing
position to fire each additional round, but does not include a shotgun that is
a category A or B firearm that is not designed to hold additional rounds in a
magazine.
(3) For the purposes
of this Act, a reference to a firearm of a particular category or kind
includes—
(a) a
reference to a receiver of a firearm of that particular category or kind; and
(b) a
reference to a device that would, if in working order, or if assembled and in
working order, be a firearm of that category or kind.
(4) The regulations
may amend the categories of firearms or definitions prescribed by this
section, including by adding a new category or definition.