Criminal Code Amendment (Firearms Trafficking) Act 2022 (30 of 2022)

Schedule 1   Firearms trafficking

Criminal Code Act 1995

9   Sections 361.2 and 361.3 of the Criminal Code

Repeal the sections, substitute:

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.

361.3 Trafficking prohibited firearms or firearm parts out of Australia

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.