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

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SECTION 361.3 Trafficking prohibited firearms or firearm parts out of Australia

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Basic offence

(1)
A person commits an offence if:

(a) the person exports a thing, or enters a thing for export from Australia; and

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

(c) the person exports, or enters for export, the firearm or part with the intention of trafficking in the firearm or part; and

(d) exporting, or entering for export, 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 - exporting or entering for export 50 or more prohibited firearms or firearm parts in 6 month period

(2)
A person commits an offence if:

(a) the person (on one or more occasions) exports, or enters for export from Australia, one or more things; and

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

(c) the person exports, or enters for export, each firearm or part with the intention of trafficking in the firearm or part; and

(d) exporting, or entering for export, 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 exportation or entry for export - the person fails to meet any of those requirements; and

(f) any occasion of exportation or entry for export, or 2 or more occasions taken together, results in the exportation or entry for export 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 exportation or entry for export of the firearms or parts mentioned in paragraph (f) resulted from 2 or more occasions of exportation or entry for export taken together - the occasions of exportation or entry 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.

View history note

History

S 361.3 substituted by No 30 of 2022, s 3 and Sch 1 item 9, effective 2 April 2022. S 361.3 formerly read:

SECTION 361.3 Trafficking prohibited firearms or firearm parts out of Australia
Customs Act prohibits exports absolutely

(1)
A person commits an offence if:

(a) the person exports a thing, or enters a thing for export from Australia; and

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

(c) the person exports, or enters for export, the firearm or part with the intention of trafficking in the firearm or part; and

(d) exporting the firearm or part was prohibited under the Customs Act 1901 absolutely.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(2)
Absolute liability applies to paragraph (1)(d).
Note:

For absolute liability, see section 6.2 .

Customs Act prohibits exports if requirements not met

(3)
A person commits an offence if:

(a) the person exports a thing; and

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

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

(d) exporting the firearm or part, or entering the firearm or part for export, was prohibited under the Customs Act 1901 unless certain requirements were met; and

(e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(4)
A person commits an offence if:

(a) the person enters a thing for export from Australia; and

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

(c) the person enters the firearm or part for export with the intention of trafficking in the firearm or part; and

(d) entering the firearm or part for export was prohibited under the Customs Act 1901 unless certain requirements were met; and

(e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(5)
Absolute liability applies to paragraphs (3)(d) and (4)(d).
Note:

For absolute liability, see section 6.2 .

(6)
Strict liability applies to paragraphs (3)(e) and (4)(e).
Note:

For strict liability, see section 6.1 .

S 361.3 inserted by No 12 of 2015, s 3 and Sch 2 item 18, effective 6 March 2015.

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