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 360.4   Concurrent operation intended  

(1)    
This Division is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

(2)    
Without limiting subsection (1), this Division is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:

(a) an act or omission that is an offence against this Division; or

(b) a similar act or omission;

an offence against the law of the State or Territory.

(3)    
Subsection (2) applies even if the law of the State or Territory does any one or more of the following:

(a) provides for a penalty for the offence that differs from the penalty provided for in this Division;

(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence against this Division;

(c) provides for a defence in relation to the offence that differs from the defences applicable to the offence against this Division.

(4)    
A person punished for an offence against a law of a State or Territory referred to in subsection (2) in respect of particular conduct cannot be punished for an offence against this Division in respect of that conduct.