Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.4 - Dangerous weapons  

Division 361 - International firearms trafficking  

SECTION 361.2   Trafficking prohibited firearms or firearm parts into Australia  

Basic offence

(1)    
A person commits an offence if:

(a)    the person imports a thing; and

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

(c)    the person imports the firearm or part with the intention of trafficking in the firearm or part; and

(d)    importing the firearm or part was prohibited under the Customs Act 1901 :

(i) absolutely; or

(ii) unless certain requirements were met; and

(e)    if subparagraph (d)(ii) applies - the person fails to meet any of those requirements.

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

Aggravated offence - importing 50 or more prohibited firearms or firearm parts in 6 month period

(2)    
A person commits an offence if:

(a)    the person imports (on one or more occasions) one or more things; and

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

(c)    the person imports each firearm or part with the intention of trafficking in the firearm or part; and

(d)    importing each firearm or part was prohibited under the Customs Act 1901 :

(i) absolutely; or

(ii) unless certain requirements were met; and

(e)    if subparagraph (d)(ii) applies in relation to an occasion of importation - the person fails to meet any of those requirements; and

(f)    any occasion of importation, or 2 or more occasions taken together, results in the importation 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 importation of the firearms or parts mentioned in paragraph (f) resulted from 2 or more occasions of importation taken together - the occasions of importation 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

(3)    
Absolute liability applies to paragraphs (1)(d) and (2)(d) and (g) .

Note:

For absolute liability, see section 6.2 .

(4)    
Strict liability applies to paragraphs (1)(e) and (2)(e) and (f) .

Note:

For strict liability, see section 6.1 .

(5)    
To avoid doubt, it is immaterial for the purposes of paragraphs (2)(b) and (f) whether the firearms or firearm parts are of the same kind.