Commonwealth Consolidated Regulations

DEFENCE (PUBLIC AREAS) BY-LAWS 1987 - REG 9

         (1)   A person is guilty of an offence if:

                (a)    the person is in a public area; and

               (b)    the person uses or has in his or her possession a firearm.

Penalty:   5 penalty units.

         (2)   An offence under this by‑law is an offence of strict liability.

Note    For strict liability , see section 6.1 of the Criminal Code .

         (3)   It is a defence if the use or possession is in accordance with a written consent given by the commanding officer or a ranger.

Note    A defendant bears an evidential burden in relation to the matter in sub‑by‑law (3) (see section 13.3 of the Criminal Code ).