Firearms Act 1996 (Tas)

Firearms Act 1996

An Act to provide for the regulation, registration and control of firearms [Royal Assent 30 August 1996]

Whereas –

(a) following the tragic events which occurred at Port Arthur on 28 April 1996, the three political parties represented in the Parliament, namely the Australian Labor Party, the Liberal Party of Australia and the Tasmanian Greens, have agreed together that the laws relating to the control of firearms in Tasmania should be consistent with the laws applying in other States and Territories of the Commonwealth of Australia; and (b) the Australasian Police Ministers' Council has adopted a set of resolutions specifying common standards which are to be applied in all States and Territories, and those three parties have agreed to support the implementation of those standards in Tasmania,

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Firearms Act 1996 .

2. Commencement The provisions of this Act commence on a day to be proclaimed.

3. Interpretation In this Act – air pistol means a pistol that propels, or is capable of propelling, a projectile by means of compressed gas or air; air rifle means a firearm that propels, or is capable of propelling, a projectile by means of compressed gas or air; ammunition means – (a) anything consisting of a cartridge case fitted with a primer and a projectile; or (b) anything consisting of a cartridge case fitted with primer material and containing both a propelling charge and a projectile; or (c) any blankfire cartridge, airgun pellet, training cartridge or gas cartridge; or (d) any explosive component of ammunition; or (da) paintball pellets as defined in section 99B ; or (e) any other prescribed article; approved means approved by the Commissioner; approved firearms safety course means an accredited course relating to the safe possession and use of firearms as approved by the Commissioner; barrel length means – (a) in the case of a revolver, the distance from the muzzle of the barrel to the breach end immediately in front of the cylinder; and (b) in any other case, the distance from the muzzle of the barrel to the point of the breach face (which includes the chamber); Category A firearms licence means a licence referred to in section 14 ; Category B firearms licence means a licence referred to in section 15 ; Category C firearms licence means a licence referred to in section 16 ; Category D firearms licence means a licence referred to in section 17 ; Category H firearms licence means a licence referred to in section 18 ; certificate of registration means the certificate of registration referred to in section 78 ; Commissioner means the Commissioner of Police; corresponding, in relation to a licence, means a licence in force under a law of another State or Territory that, in the opinion of the Commissioner, corresponds to a licence under this Act; deal, in relation to a firearm, means to – (a) manufacture, buy or sell firearms and firearm parts; or (b) possess firearms and firearm parts for the purpose of sale, transfer, storage or testing; or (c) possess firearm parts for the purpose of manufacturing firearms; or (d) possess firearms and firearm parts for the purpose of repair in the ordinary course of business; or (e) sell ammunition; dealings record means a record kept under section 89 ; employment, with a firearms dealer, includes engagement under a contract for services; ex-military means originally designed or intended for, but never in or no longer in, military use; family violence order means a family violence order within the meaning of the Family Violence Act 2004 ; firearm means – (a) a gun or other weapon that is capable of propelling anything wholly or partly by means of an explosive; and (b) a blankfire firearm; and (c) an air rifle; and (d) an air pistol; and (e) an imitation firearm; and (f) any other prescribed thing; and (g) any thing that would be a firearm under paragraph (a) , (b) , (c) or (d) if it did not have something missing from it or a defect or obstruction in it – but does not include any device declared by the regulations not to be a firearm; firearm heirlooms licence means the licence referred to in section 21 ; firearm part means a barrel, breech, trigger mechanism, operating mechanism or magazine; firearm sound suppressor means any implement designed to suppress the sound caused by the discharge of a firearm, whether or not the implement forms part of the firearm or can be attached to, or removed from, the firearm; firearms dealer means a person who, in carrying on a business, deals in firearms; firearms dealer employee licence means a licence referred to in section 19A ; firearms dealer licence means a licence referred to in section 19 ; firearms licence means any firearms licence referred to in Division 2 of Part 2 ; firearms museum licence means a licence referred to in section 20 ; firearms prohibition order means an order in force under Part 8 ; genuine reason means a genuine reason as referred to in section 37 ; heirloom firearm means a firearm inherited by a person from the grandparent, parent, brother, sister, uncle or aunt of that person; imitation firearm means an article, other than a toy firearm, of any material or colour that – (a) is a copy or reproduction of a firearm or has the appearance of a firearm; and (b) could reasonably be mistaken for a firearm; interim family violence order means an interim family violence order within the meaning of the Family Violence Act 2004 ; interim restraint order means – (a) an interim restraint order as defined in Part XA of the Justices Act 1959 ; and (b) any other interim order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition; licence means any licence in force under this Act; licensed means licensed under this Act; licensee means the holder of a licence; manufacture means – (a) any process of which the intended outcome is the creation of a firearm, firearm sound suppressor, ordnance or firearm part including, but not limited to, a barrel, slide, frame, receiver or bolt body; or (b) in relation to a firearm that has been rendered incapable of being fired, making that firearm capable of being fired; militaria firearms licence means a licence referred to in section 21A ; minor means a person under the age of 18 years; minor's permit means a permit in force under Division 2 of Part 3 ; ordnance means – (a) a bazooka, rocket launcher or prescribed weapon that, although not a firearm within the meaning of this Act, is designed to be capable of – (i) being carried and used manually; and (ii) firing a projectile by non-explosive means such as a propellant; and (b) a shell, rocket or other projectile that – (i) is designed to be fired by a weapon referred to in paragraph (a) ; and (ii) has not been permanently rendered inert; and (c) a tank, cannon or other similar military vehicle capable of discharging a missile or other projectile; particular purpose means a purpose established under Division 6 of Part 2 as being a genuine reason for possessing or using a firearm; permit means a permit in force under Division 1 of Part 3 ; pistol means a firearm that – (a) is reasonably capable of being raised and fired by one hand; and (b) has an overall length not exceeding 65cm; police family violence order means a police family violence order within the meaning of the Family Violence Act 2004 ; police officer means a member of the Police Service established under section 4 of the Police Service Act 2003 ; possession includes custody or control; prohibited firearm means a firearm specified in Schedule 1 ; prohibited pistol means a pistol prescribed as a prohibited pistol in the regulations; register means the register of firearms referred to in section 83 ; registered means registered under this Act; registrant means a person in whose name a firearm is registered under Part 4 ; restraint order means – (a) a restraint order and an interstate restraint order as defined in Part XA of the Justices Act 1959 ; and (b) any other order or decision under an Act or law of a place other than Tasmania that is prescribed for the purposes of this definition; security agent has the same meaning as in the Security and Investigations Agents Act 2002 ; security guard has the same meaning as in the Security and Investigations Agents Act 2002 ; sell includes – (a) dispose of for valuable consideration; and (b) barter; and (c) dispose of to an agent for sale on consignment; and (d) offer or attempt to sell; and (e) receive or have in possession for sale; and (f) expose for sale; and (g) send or deliver for sale; and (h) cause or permit to be sold, as offered or exposed for sale; and (i) dispose of by way of raffle, lottery or other game of chance; toy firearm includes an item of any material or colour that – (a) has the appearance of a firearm; and (b) is marketed to, or commonly used by, persons as something that may be used in play; and (c) could reasonably be mistaken for a firearm; use, in relation to a firearm or toy firearm, means – (a) fire the firearm or toy firearm; or (b) hold it so as to cause a reasonable belief that it will be fired, whether or not it is capable of being fired.