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CONTROL OF WEAPONS ACT 1990 - SECT 3

Definitions

    (1)     In this Act—

S. 3(1) def. of body armour inserted by No. 26/1997
s. 5, substituted by No. 47/2000 s. 4, amended by No. 52/2010 s. 26(b).

"body armour" means a garment or item—

        (a)     that is designed, intended or adapted for the purpose of protecting the body from the effects of a weapon, including a firearm; and

        (b)     that is prescribed by the regulations to be body armour;

S. 3(1) def. of child inserted by No. 42/2010 s. 4.

"child" means a person under the age of 18 years;


S. 3(1) def. of controlled weapon inserted by No. 47/2000 s. 5(1), amended by No. 10/2024 s. 24.

"controlled weapon" means—

        (a)     a knife, other than a knife that is a prohibited weapon; or

Example

A machete is a type of knife.

        (b)     an article that is prescribed by the regulations to be a controlled weapon;

S. 3(1) def. of corrections officer inserted by No. 47/2000 s. 5(1).

"corrections officer" means—

        (a)     a person referred to in section 12(1) of the Corrections Act 1986 ; or

        (b)     a person authorised by the Secretary under section 9A of the Corrections Act 1986 ;

S. 3(1) def. of dangerous article amended by No. 30/1994 s. 4.

"dangerous article" means—

    *     *     *     *     *

        (b)     an article which has been adapted or modified so as to be capable of being used as a weapon; or

        (c)     any other article which is carried with the intention of being used as a weapon;

S. 3(1) def. of designated place inserted by No. 43/2011 s. 7(b), substituted by No. 37/2014 s. 10(Sch. item 28.1(b)).

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

S. 3(1) def. of firearm inserted by No. 52/2010 s. 26(a).

"firearm" has the same meaning as it has in section 3(1) of the Firearms Act 1996 ;

S. 3(1) def. of firearm prohibition order inserted by No. 2/2018 s. 39(1).

"firearm prohibition order" has the same meaning as in the Firearms Act 1996 ;

S. 3(1) def. of imitation firearm inserted by No. 52/2010 s. 26(a).

"imitation firearm" means a device—

        (a)     the appearance of which could reasonably be mistaken for that of an operable firearm; but

        (b)     which is not designed or adapted 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 is not capable of being made to do so;

S. 3(1) def. of licensed premises inserted by No. 53/2007 s. 3(1), amended by Nos 59/2009 s. 34, 42/2010 s. 21(1).

"licensed premises" means any licensed premises within the meaning of the Liquor Control Reform Act 1998 in respect of which—

        (a)     a general licence or a late night (general) licence; or

        (b)     an on-premises licence or a late night (on‑premises) licence); or

        (ba)     a restaurant and cafe licence; or

        (c)     a club licence—

within the meaning of that Act has been issued under that Act;

S. 3(1) def. of member of police personnel inserted by No. 37/2014 s. 10(Sch. item 28.1(a)).

"member of police personnel" means—

        (a)     a police officer; or

        (b)     a police reservist, police recruit or protective services officer; or

        (c)     a Victoria Police employee within the meaning of the Victoria Police Act 2013 ; or

        (d)     a member of the police force or police service of the Commonwealth or of another State or a Territory;

S. 3(1) def. of midwife inserted by No. 52/2010 s. 26(a).

"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 military officer inserted by No. 47/2000 s. 5(1).

"military officer" means a person serving as a member of the naval, military or air forces of the Commonwealth;

S. 3(1) def. of non-government school inserted by No. 9/2003 s. 3, substituted  by No. 24/2006 s. 6.1.2(Sch.  7 item 9).

"non-Government school" has the same meaning as in the Education and Training Reform Act 2006 ;

S. 3(1) def. of nurse inserted by No. 52/2010 s. 26(a).

"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 inserted by No. 53/2007 s. 3(2).

"officer", in relation to a body corporate, means a director, secretary or executive officer of the body corporate;

S. 3(1) def. of police officer inserted by No. 47/2000 s. 5(1), amended by No. 43/2011 s. 7(a), substituted by No. 37/2014 s. 10(Sch. item 28.1(c)).

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

S. 3(1) def. of police recruit inserted by No. 37/2014 s. 10(Sch. item 28.1(a)).

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

S. 3(1) def. of police reservist inserted by No. 37/2014 s. 10(Sch. item 28.1(a)).

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

"possession" includes—

        (a)     actual physical possession; and

        (b)     custody or control; and

        (c)     having and exercising access either solely or in common with others;

S. 3(1) def. of prescribed weapon repealed by No. 47/2000 s. 5(2).

    *     *     *     *     *

S. 3(1) def. of prohibited person inserted by No. 47/2000 s. 5(1).

"prohibited person" has the same meaning as in section 3(1) of the Firearms Act 1996 ;

S. 3(1) def. of prohibited weapon inserted by No. 47/2000 s. 5(1), amended by No. 52/2010 s. 26(c).

"prohibited weapon" means an imitation firearm or an article that is prescribed by the regulations to be a prohibited weapon;

S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 7(b), substituted by No. 37/2014 s. 10(Sch. item 28.1(d)).

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

S. 3(1) def. of public place amended by No. 53/2007 s. 3(3).

"public place" has the same meaning as it has under the Summary Offences Act 1966 and also includes a non-government school;

S. 3(1) def. of registered medical practitioner inserted by No. 52/2010 s. 26(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 psychologist inserted by No. 52/2010 s. 26(a).

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

S. 3(1) def. of regulated weapon repealed by No. 47/2000 s. 5(2).

    *     *     *     *     *

S. 3(2) inserted by No. 53/2007 s. 3(4).

    (2)     A reference in this Act to the immediate vicinity of licensed premises means a place that is within 20 metres of the licensed premises.



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