Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.4 - Dangerous weapons  

Division 360 - Cross-border firearms trafficking  

SECTION 360.2   Cross-border offence of disposal or acquisition of a firearm or firearm part  
Basic offence

(1)    

A person commits an offence if:

(a)    the person engages in conduct that constitutes an offence (the underlying offence ) against a firearm law; and

(b)    the person does so in the course of trade or commerce:

(i) among the States; or

(ii) between a State and a Territory, or between 2 Territories; and

(c)    the primary element of the underlying offence involves:

(i) the disposal of a firearm or a firearm part by the person; or

(ii) the acquisition of a firearm or a firearm part by the person.

Penalty: Imprisonment for 20 years or a fine of 5,000 penalty units, or both.

Aggravated offence - disposing or acquiring 50 or more firearms or firearm parts in 6 month period

(2)    

A person commits an offence if:

(a)    the person engages in conduct on one or more occasions that constitutes an offence (the underlying offence ) against a firearm law; and

(b)    the person does so in the course of trade or commerce:

(i) among the States; or

(ii) between a State and a Territory, or between 2 Territories; and

(c)    the primary element of the underlying offence involves:

(i) the disposal of a firearm or a firearm part by the person; or

(ii) the acquisition of a firearm or a firearm part by the person; and

(d)    the conduct on any occasion, or on 2 or more occasions taken together, results in the disposal, or acquisition, by the person of:

(i) 50 or more firearms; or

(ii) 50 or more firearm parts; or

(iii) a combination of firearms and firearm parts such that the sum of the firearms and the firearm parts is 50 or more; and

(e)    if the disposal or acquisition of the firearms or parts mentioned in paragraph (d) resulted from conduct on 2 or more occasions taken together - the occasions of conduct occurred during a 6 month period.

Penalty: Imprisonment for life or a fine of 7,500 penalty units, or both.

Provisions relating to basic offence and aggravated offence

(2A)    

There is no fault element for any of the physical elements described in paragraphs (1)(a) and (2)(a) , other than the fault elements (however described), if any, for the underlying offence.

(2B)    

To avoid doubt:

(a)    in determining whether the conduct referred to in paragraph (1)(a) or (2)(a) constitutes the underlying offence, any defences or special liability provisions (however described) that apply in relation to the underlying offence have effect; and

(b)    a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence; and

(c)    for the purposes of subsection (2) - it is immaterial whether:

(i) the underlying offence is the same on each occasion; or

(ii) the conduct constituting the underlying offence is the same on each occasion; or

(iii) the firearms or firearm parts to which the conduct relates are of the same kind.

(2C)    

Absolute liability applies to paragraphs (1)(b) and (c) and (2)(b) , (c) and (e) .

Note:

For absolute liability, see section 6.2 .

(2D)    

Strict liability applies to paragraph (2)(d) .

Note:

For strict liability, see section 6.1 .

Definitions

(3)    
In this section:

firearm
means a firearm within the meaning of the firearm law concerned.

firearm law
means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.

firearm part
means either of the following within the meaning of the firearm law concerned:

(a) a firearm part;

(b) a part of, or for, a firearm or weapon.