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 360.3   Taking or sending a firearm or firearm part across borders  
Basic offence

(1)    

A person commits an offence if:

(a)    

the person takes or sends a thing from one State or Territory to another State or Territory; and

(aa)    

the thing is a firearm or firearm part; and

(ab)    

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

(b)    the person does so intending that the firearm or firearm part will be disposed of in the other State or Territory (whether by the person or another); and

(c)    the person knows that, or is reckless as to whether:

(i) the disposal of the firearm or firearm part; or

(ii) any acquisition of the firearm or firearm part that results from the disposal;

would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory.

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

Aggravated offence - taking or sending 50 or more firearms or firearm parts in 6 month period

(1A)    

A person commits an offence if:

(a)    the person takes or sends (on one or more occasions) one or more things from one State or Territory to another State or Territory; and

(b)    the thing is, or the things include, a firearm or firearm part; and

(c)    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

(d)    the person does so intending that any of the firearms or parts will be disposed of in the other State or Territory (whether by the person or another); and

(e)    the person knows that, or is reckless as to whether:

(i) the disposal of any of the firearms or parts; or

(ii) any acquisition of any of the firearms or parts that results from the disposal;

would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory; and

(f)    the conduct on any occasion, or on 2 or more occasions taken together, results in the taking, or sending, 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

(g)    if the taking or sending of the firearms or parts mentioned in paragraph (f) 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

(1B)    

Absolute liability applies to paragraphs (1)(ab) and (1A)(c) and (g) .

Note:

For absolute liability, see section 6.2 .

(1C)    

Strict liability applies to paragraph (1A)(f) .

Note:

For strict liability, see section 6.1 .

(1D)    

To avoid doubt, it is immaterial for the purposes of paragraphs (1A)(b) and (f) whether the firearms or firearm parts are of the same kind.

Definitions

(2)    

In this section:

firearm
means a firearm within the meaning of the firearm law mentioned in paragraph (1)(c) or (1A)(e) (as the case requires).

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 mentioned in paragraph (1)(c) or (1A)(e) (as the case requires):

(a) a firearm part;

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