Miscellaneous firearms provisions and definitions

Question 1

Military style semi-automatic firearm

Answer 1

AA83; S2 - Interpretation

Military style semi-automatic firearm means - 
a firearm (other than a pistol) that is -

(a) a semi-automatic firearm having 1 or more of the following features:
(i) a folding or telescopic butt
(ii) a magazine designed to hold 0.22-inch rimfire cartridges that -
(A) is capable of holding more than 15 cartridges; or
(B) is detachable, and by its appearance indicates that it is capable of holding more
than 15 cartridges:
(iii) a magazine (other than one designed to hold 0.22-inch rimfire cartridges) that -
(A) is capable of holding more than 7 cartridges; OR
(B) is detachable, and by its appearance indicates that it is capable of holding more
than 10 cartridges:
(iv) bayonet lugs:
(v) flash suppressor:
(vi) a component of a kind defined or described by an order under section 74A to be a military style semi-automatic firearm for the purposes of this Act; or
(d) a semi-automatic firearm that has a feature of a kind defined or described in an order under section 74A as a feature of military style semi-automatic firearms for the purposes of this Act.

Question 2

Pistol

Answer 2

a firearm that is designed or adapted to be held and fired with one hand, and includes any firearm that is less than 762 millimetres in length.

Question 3

Restricted weapon

Answer 3

Any weapon, whether a firearm or not, declared by the Governor-General, by Order in Council made under section 4, to be a restricted weapon

Question 4

Restricted weapons schedule

Answer 4

1. Anti-tank projectors, and ammunition therefore.
2. Grenade dischargers, grenade launchers, and grenades containing explosives.
3. Incendiary grenades; including the type commonly known as a Molotov cocktail and consisting of—
   (a) a container or containers, the only or principal contents of which is an inflammable liquid or mixture; and
   (b) a means of ignition of the inflammable substance or mixture, whether that means is a wick, an explosive or other device, a fuse, or a chemical.
4. Machine carbines or guns, submachine carbines or guns, and machine pistols of any kind, including those operated by gas or compressed air.
5. Firearms and airguns that are capable of full automatic fire, excluding airguns that are designed for use in airsoft or paintball sports and are in the same configuration as when they were manufactured.
6. Mines of an explosive nature, of any kind whatsoever.
7. Mortars of military kinds, and ammunition therefore.
8. Rocket launchers and ammunition therefore.
9. Every firearm, weapon, and device designed for the purpose of discharging any lachrymatory, deleterious, or toxic gas, smoke, or other stupefying or overpowering thing capable of rendering any person either wholly or partially incapable of resistance (other than any device designed and intended solely for any medical, surgical, veterinary, scientific, agricultural, industrial, or other similar lawful purpose).
10. Any gas, substance, material, or thing specially intended or adapted for use in conjunction with any firearm, weapon, or device specified in clause 8.

Question 5

Specially dangerous airgun

Answer 5

Any airgun declared by the Governor-General, by Order in Council made under section 4, to be a specially dangerous airgun.

Question 6

Specified pre-charged pneumatic air rifles

Answer 6

Pre-charged pneumatic air rifles, other than airguns that are designed for use in airsoft or paintball sports

Question 7

Occupier or driver deemed to be in possession

Answer 7

For the purposes of this Act every person in occupation of any land or building or the driver of any vehicle on which any firearm etc is found shall, though not to the exclusion of the liability of any other person, be deemed to be in possession of that firearm, airgun, pistol, imitation firearm, restricted weapon, prohibited magazine, or explosive, unless he proves that it was not his property and that it was in the possession of some other person.