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CRIMES LEGISLATION AMENDMENT (PEOPLE SMUGGLING, FIREARMS TRAFFICKING AND OTHER MEASURES) ACT 2002 NO. 141, 2002 - SCHEDULE 2

- Cross-border firearms trafficking

Criminal Code Act 1995

1 The Schedule (after Chapter 8 of the Criminal Code)

Insert:

Chapter 9—Dangers to the community

Part 9.4—Dangerous weapons

Division 360—Cross-border firearms trafficking
360.1 Disposal and acquisition of a firearm

(1)
For the purposes of this Division, and without limitation, a person disposes of a firearm if any of the following applies:

(a)
the person sells the firearm (whether or not the person to whom the firearm is sold also acquires physical control of the firearm);
(b)
the person hires, leases or rents the firearm to another person;
(c)
the person passes physical control of the firearm to another person (whether or not the person to whom physical control is passed also acquires ownership of the firearm).
(2)
For the purposes of this Division, and without limitation, a person acquires a firearm if any of the following applies:

(a)
the person purchases the firearm (whether or not the person also acquires physical control of the firearm);
(b)
the person hires, leases or rents the firearm from another person;
(c)
the person obtains physical control of the firearm (whether or not the person also acquires ownership of the firearm).

360.2 Cross-border offence of disposal or acquisition of a firearm

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

(a)
in the course of trade or commerce among the States, between Territories or between a Territory and a State, the person engages in conduct that constitutes an offence against a firearm law; and
(b)
the primary element of the offence is:
(i)
the disposal of a firearm by the person; or
(ii)
the acquisition of a firearm by the person.

Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(2)
Absolute liability applies to the paragraph (1)(a) element of the offence.

(3)
In this section:

"firearm "means a firearm within the meaning of the firearm law concerned.

"firearm law" means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.

360.3 Taking or sending a firearm across borders

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

(a)
in the course of trade or commerce among the States, between Territories or between a Territory and a State, the person takes or sends a firearm from one State or Territory to another State or Territory; and
(b)
the person does so intending that the firearm will be disposed of in the other State or Territory (whether by the person or another); and
(c)
the person knows that, or is reckless as to whether:
(i)
the disposal of the firearm; or
(ii)
any acquisition of the firearm that results from the disposal;
would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory.

Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(2)
In this section:

"firearm "means a firearm within the meaning of the firearm law mentioned in paragraph (1)(c).

"firearm law" means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.

360.4 Concurrent operation intended

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


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