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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Firearms Amendment (Trafficking)
Bill 2001
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Firearms Act 1996 No 46 2
4 Amendment of Criminal Assets Recovery Act 1990 No 23 2
Schedules
1 Amendment of Firearms Act 1996 3
2 Amendment of Criminal Assets Recovery Act 1990 17
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2001
New South Wales
Firearms Amendment (Trafficking)
Bill 2001
Act No , 2001
An Act to amend the Firearms Act 1996 to make further provision for the
regulation and control of firearms; to amend the Criminal Assets Recovery
Act 1990; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Firearms Amendment (Trafficking) Bill 2001
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Firearms Amendment (Trafficking) Act 2001.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Firearms Act 1996 No 46
The Firearms Act 1996 is amended as set out in Schedule 1.
4 Amendment of Criminal Assets Recovery Act 1990 No 23
The Criminal Assets Recovery Act 1990 is amended as set out in
Schedule 2.
Page 2
Firearms Amendment (Trafficking) Bill 2001
Amendment of Firearms Act 1996 Schedule 1
Schedule 1 Amendment of Firearms Act 1996
(Section 3)
[1] Section 4 Definitions
Insert in alphabetical order in section 4 (1):
close associate--see section 4B.
purchase includes:
(a) purchase by wholesale, retail, auction or tender, and
(b) obtain by barter or exchange, and
(c) cause or allow anything referred to above.
sell includes:
(a) sell by wholesale, retail, auction or tender, and
(b) dispose by barter or exchange, and
(c) sell for profit, and
(d) offer for sale, receive for sale, have in possession for
sale or expose or exhibit for sale, and
(e) conduct negotiations for sale, and
(f) consign or deliver for sale, and
(g) cause or allow anything referred to above.
[2] Section 4 (1)
Insert "receiver," after "frame," in the definition of firearm part.
[3] Section 4 (1)
Omit "buys" from paragraph (a) of the definition of firearms dealer.
Insert instead "purchases".
[4] Section 4 (1)
Insert after the definition of possession:
Note. See also section 4A.
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Firearms Amendment (Trafficking) Bill 2001
Schedule 1 Amendment of Firearms Act 1996
[5] Sections 4A and 4B
Insert after section 4:
4A Meaning of "possession" of a firearm--proof of possession
(1) Without restricting the meaning of the word possession, for the
purposes of any proceedings under this Act, a firearm is taken
to be in the possession of a person so long as it is in or on any
premises owned, leased or occupied by, or in the care, control
or management of, the person, unless the court is satisfied that:
(a) the firearm was placed in or on, or brought into or on
to, the premises by or on behalf of a person who was
lawfully authorised by or under this Act to possess the
firearm, or
(b) the person did not know and could not reasonably be
expected to have known that the firearm was in or on
the premises, or
(c) on the evidence before it, the person was not in
possession of the firearm.
(2) In this section, premises means any place, vehicle, vessel or
aircraft.
4B Meaning of "close associate" of firearms dealer
(1) For the purposes of this Act, a person is a close associate of an
applicant for, or the holder of, a firearms dealer licence if the
person:
(a) holds or will hold any relevant financial interest, or is or
will be entitled to exercise any relevant power (whether
in his or her own right or on behalf of any other person),
in the business of the licence applicant or licence holder,
and by virtue of that interest or power is or will be able
to exercise a significant influence over or with respect
to the conduct of that business, or
(b) holds or will hold any relevant position, whether in his
or her own right or on behalf of any other person, in the
business of the licence applicant or licence holder.
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Firearms Amendment (Trafficking) Bill 2001
Amendment of Firearms Act 1996 Schedule 1
(2) In this section:
relevant financial interest, in relation to a business, means:
(a) any interest in the capital or assets of the business, or
(b) any entitlement to receive any income derived from the
business, whether the entitlement arises at law or in
equity or otherwise.
relevant position, in relation to a business, means a position
whose holder participates in the management of the business
(whether in the capacity of a director, manager or secretary or
in any other capacity).
relevant power means any power, whether exercisable by
voting or otherwise and whether exercisable alone or in
association with others:
(a) to participate in any managerial or executive decision,
or
(b) to elect or appoint any person to any relevant position.
[6] Section 7 Offence of unauthorised possession or use of firearms
Omit "10 years" from section 7 (1). Insert instead "14 years".
[7] Section 8 Licence categories and authority conferred by licence
Omit "buy" wherever occurring under the category heading Firearms
dealer licence from section 8 (1).
Insert instead "purchase".
[8] Section 11 General restrictions on issue of licences
Omit section 11 (5) (d). Insert instead:
(d) is subject to a good behaviour bond, whether entered
into in New South Wales or elsewhere, or
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Firearms Amendment (Trafficking) Bill 2001
Schedule 1 Amendment of Firearms Act 1996
[9] Section 17B
Insert after section 17A:
17B Firearms dealer licences--restrictions on issue
The Commissioner must not issue a firearms dealer licence if
the Commissioner:
(a) is of the view that a person who (in the opinion of the
Commissioner) is or will be a close associate of the
applicant is not a fit and proper person to be a close
associate of the holder of a firearms dealer licence, or
(b) is not satisfied that the applicant is to be the person
primarily responsible for the management of the
business to be carried on under the authority of the
licence.
[10] Section 29 General restrictions on issuing permits
Omit section 29 (3) (d). Insert instead:
(d) is subject to a good behaviour bond, whether entered
into in New South Wales or elsewhere, or
[11] Sections 43 (a), 49 (1), 65 (1) (b), (2) and (2) (b)
Omit "buy" wherever occurring.
Insert instead "purchase".
[12] Sections 44 and 44A
Omit section 44. Insert instead:
44 Information about close associates of firearms dealers
(1) In an application for a firearms dealer licence, the applicant
must give the name and address of each person who is a close
associate of the applicant and particulars of the nature of each
such person's association with the applicant.
(2) If a licensed firearms dealer becomes aware that the close
associates of the firearms dealer (if any) have changed since the
firearms dealer's most recent application for a licence, or
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Firearms Amendment (Trafficking) Bill 2001
Amendment of Firearms Act 1996 Schedule 1
declaration under this section, was submitted to the
Commissioner, the firearms dealer must submit to the
Commissioner within 7 days:
(a) a declaration notifying the Commissioner in writing of
that fact, and
(b) the name and address of each person who is a close
associate of the firearms dealer and particulars of the
nature of each such person's association with the
firearms dealer.
(3) A licensed firearms dealer must, if notice in writing is served
on the dealer by the Commissioner, submit to the
Commissioner, within such time as is specified in the notice
and in the form provided by the Commissioner:
(a) a declaration that:
(i) the firearms dealer (and no other person) is the
person primarily responsible for the management
of the firearms dealing business that is carried on
under the licence, or
(ii) another person or other persons (whether instead
of or in addition to the licensed firearms dealer)
are primarily responsible for the management of
that business, and
(b) either:
(i) a declaration that the close associates of the
firearms dealer (if any) have not changed since
the most recent application for a licence, or
declaration under this section, was submitted to
the Commissioner, or
(ii) the name and address of each person who is a
close associate of the firearms dealer and
particulars of the nature of each such person's
association with the firearms dealer.
(4) A person must not, in or in connection with a declaration under
this section, make a statement or provide information that the
person knows is false or misleading in a material particular.
Maximum penalty (subsections (2)(4)): 50 penalty units.
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Firearms Amendment (Trafficking) Bill 2001
Schedule 1 Amendment of Firearms Act 1996
44A Prescribed persons not to be involved in firearms dealing
business
(1) If a licensed firearms dealer:
(a) employs a prescribed person in the business that is
authorised by the licence, or
(b) permits a prescribed person to act as an agent for, or
participate in the management of, that business,
the firearms dealer and the prescribed person are each guilty of
an offence.
Maximum penalty: imprisonment for 14 years.
(2) It is a defence for a licensed firearms dealer prosecuted for an
offence under subsection (1) if the firearms dealer proves that
he or she did not know, and could not reasonably be expected
to have known, that the person employed or permitted to act as
an agent for, or to participate in the management of, the
firearms dealer's business was in fact a prescribed person.
(3) In this section, prescribed person means a person who:
(a) has, within the preceding 10 years, had his or her
firearms dealer licence revoked by the Commissioner
for any reason, or
(b) has, within the preceding 10 years, been convicted in
New South Wales or elsewhere of an offence
prescribed by the regulations for the purposes of this
section, whether or not the offence is an offence under
New South Wales law, or
(c) has, within the preceding 10 years, had his or her
application for a licence or permit refused by the
Commissioner, or had his or her licence or permit
revoked, for either or both of the following reasons:
(i) the Commissioner was not satisfied that the
person was a fit and proper person and could be
trusted to have possession of firearms without
danger to public safety or to the peace,
(ii) the Commissioner considered that issue of the
licence or permit to the person would be
contrary to the public interest, or
(d) is subject to an apprehended violence order, or
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Firearms Amendment (Trafficking) Bill 2001
Amendment of Firearms Act 1996 Schedule 1
(e) is the subject of a good behaviour bond, whether
entered into in New South Wales or elsewhere, or
(f) is subject to a firearms prohibition order.
[13] Section 45 Recording of transactions
Insert "or firearm parts" after "concerning firearms" in section 45 (1) (a).
[14] Section 45 (1) (b)
Insert "relating to a transaction or dealing concerning a firearm, a spare
barrel for a firearm, a firearm frame or a firearm receiver" after "record".
[15] Section 45 (3)
Insert ", firearm frame or firearm receiver" after "firearm".
[16] Section 45 (6) (b)
Omit "spare barrels for firearms".
Insert instead "firearm parts".
[17] Section 45 (6) (c)
Omit "spare barrel for a firearm".
Insert instead "firearm part".
[18] Section 50 Purchase of firearms
Omit "buy". Insert instead "purchase".
[19] Sections 5151C
Omit section 51. Insert instead:
51 Restrictions on sale of firearms
(1) A person (the seller) must not sell, or knowingly take part in
the sale of, a firearm to another person (the purchaser) unless:
(a) the purchaser is authorised to possess the firearm by a
licence or permit, and
(b) the following documents have been produced to, and
inspected by, the seller:
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Firearms Amendment (Trafficking) Bill 2001
Schedule 1 Amendment of Firearms Act 1996
(i) the purchaser's licence or permit, and
(ii) if the purchaser is not a licensed firearms
dealer--the purchaser's permit to acquire the
firearm (or the equivalent of any such permit
that is issued under the law of another State or
Territory in respect of the firearm concerned).
(2) A person other than a licensed firearms dealer must not sell, or
knowingly take part in the sale of, a firearm to a person who is
not a licensed firearms dealer unless:
(a) the sale has, in accordance with the regulations, been
arranged through a licensed firearms dealer, or
(b) in any case where a licensed firearms dealer is not (as
determined by the regulations) reasonably
available--the sale is witnessed by a police officer
authorised by the Commissioner.
(3) For the purposes of this section, a person takes part in the sale
of a firearm if:
(a) the person takes, or participates in, any step, or causes
any step to be taken, in the process of that sale, or
(b) the person provides or arranges finance for any step in
that process, or
(c) the person provides the premises in which any step in
that process is taken, or suffers or permits any step in
that process to be taken in premises of which the person
is the owner, lessee or occupier or of which the person
has the care, control or management.
Maximum penalty on summary conviction: 50 penalty units or
imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment: imprisonment
for 20 years (if it is established beyond reasonable doubt that
the firearm concerned was a prohibited firearm or a pistol), or
imprisonment for 5 years in any other case.
51A Restrictions on purchase of firearms
(1) A person (the purchaser) must not purchase a firearm from
another person (the seller) unless:
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Firearms Amendment (Trafficking) Bill 2001
Amendment of Firearms Act 1996 Schedule 1
(a) the seller is authorised to possess the firearm by a
licence or permit, and
(b) the seller's licence or permit has been produced to, and
inspected by, the purchaser.
(2) A person other than a licensed firearms dealer must not
purchase a firearm from another person who is not a licensed
firearms dealer unless:
(a) the sale has been, in accordance with the regulations,
arranged through a licensed firearms dealer, or
(b) in any case where a licensed firearms dealer is not (as
determined by the regulations) reasonably
available--the sale is witnessed by a police officer
authorised by the Commissioner.
Maximum penalty on summary conviction: 50 penalty units or
imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment: imprisonment
for 14 years (if it is established beyond reasonable doubt that
the firearm concerned was a prohibited firearm or a pistol), or
imprisonment for 5 years in any other case.
51B Selling firearms on an ongoing basis
(1) Offence
A person must not contravene section 51 on 3 or more separate
occasions during any period of 30 consecutive days.
Maximum penalty: imprisonment for 20 years.
(2) Jury must be satisfied as to same 3 occasions of sale
If, on the trial of a person for an offence under this section,
more than 3 occasions of selling a firearm are relied on as
evidence of commission of the offence, all the members of the
jury must be satisfied as to the same 3 occasions in order to
find the person guilty of the offence.
(3) Alternative verdict--relevant selling offence
If, on the trial of a person for an offence under this section, the
jury is not satisfied that the offence is proven but is satisfied
that the person has, in respect of any of the occasions relied on
as evidence of commission of the offence under this section,
committed a relevant selling offence, the jury may acquit the
Page 11
Firearms Amendment (Trafficking) Bill 2001
Schedule 1 Amendment of Firearms Act 1996
person of the offence charged and find the person guilty of the
relevant selling offence, and the person is liable to punishment
accordingly.
(4) Double jeopardy provisions
A person who has been convicted of an offence under this
section is not liable to be convicted:
(a) of a relevant selling offence, or
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on
as evidence of commission of the offence in respect of which
the person has been convicted.
(5) A person who has been acquitted of an offence under this
section is not liable to be convicted:
(a) except as provided by subsection (3)--of a relevant
selling offence, or
(b) of a separate offence under this section,
on the same, or substantially the same, facts as those relied on
as evidence of commission of the offence in respect of which
the person has been acquitted.
(6) A person who has been:
(a) convicted of a relevant selling offence, or
(b) acquitted of a relevant selling offence,
is not liable to be convicted of an offence under this section on
the same, or substantially the same, facts as those relied on as
evidence of commission of the relevant selling offence.
(7) Liability for relevant selling offences not affected by offence
under this section
Subject to subsections (4) and (5), this section does not:
(a) remove the liability of any person to be convicted of a
relevant selling offence, or
(b) affect the punishment that may be imposed for any such
offence.
Page 12
Firearms Amendment (Trafficking) Bill 2001
Amendment of Firearms Act 1996 Schedule 1
(8) Definition
In this section, relevant selling offence means any offence
under this Act (other than under this section) relating to the sale
of a firearm.
51C Conspiring to commit and aiding etc commission of offence
outside New South Wales
A person must not, in New South Wales:
(a) conspire with another person or persons to commit an
offence in any place outside New South Wales, being an
offence punishable under the provisions of a law in
force in that place that corresponds to a provision of this
Act, or
(b) aid, abet, counsel, procure, solicit or incite the
commission of an offence in any place outside New
South Wales, being an offence punishable under the
provisions of a law in force in that place that
corresponds to a provision of this Act.
Maximum penalty: the same punishment, pecuniary penalty
and forfeiture that the person would be subject to if the offence
concerned had been committed in New South Wales.
[20] Section 65 Sale, purchase and possession of ammunition
Omit "buyer" wherever occurring from section 65 (1).
Insert instead "purchaser".
[21] Section 72
Omit the section. Insert instead:
72 Falsifying or altering records
(1) A firearms dealer must not, with intent to deceive, make a false
or misleading entry in, or alter, a record required to be made or
kept under section 45.
Maximum penalty on summary conviction: 50 penalty units or
imprisonment for 2 years, or both.
Maximum penalty on conviction on indictment: imprisonment
for 14 years (if it is established beyond reasonable doubt that
Page 13
Firearms Amendment (Trafficking) Bill 2001
Schedule 1 Amendment of Firearms Act 1996
the firearm or firearm part concerned was a prohibited firearm
or a pistol or part of a prohibited firearm or part of a pistol), or
imprisonment for 5 years in any other case.
(2) A person must not, with intent to deceive, make a false or
misleading entry in, or alter, any other record required to be
made or kept by or under this Act.
Maximum penalty: 50 penalty units or imprisonment for 2
years, or both.
[22] Section 84 Proceedings for offences
Insert after section 84 (2):
(3) Despite subsection (1), proceedings for any of the following
offences must be taken on indictment:
(a) an offence under section 51 (1) that relates to the sale of
a prohibited firearm or a pistol,
(b) an offence under section 51B (1) (in all cases).
[23] Section 88 Regulations
Insert after section 88 (2) (r):
(s) the circumstances in which a certified copy of a licence
or permit may be produced in satisfaction of the
requirements of this Act or the regulations instead of an
original copy of the licence or permit.
[24] Section 93
Insert after section 92:
93 Registration of firearm frames and receivers
(1) Part 3 of this Act (Registration of firearms) applies to every
firearm frame and firearm receiver in the same way as it applies
to a firearm.
(2) However, a firearm frame or firearm receiver is taken to be
registered under Part 3 if the frame or receiver forms part of a
firearm that is registered under that Part.
Page 14
Firearms Amendment (Trafficking) Bill 2001
Amendment of Firearms Act 1996 Schedule 1
[25] Schedule 3 Savings and transitional provisions
Omit "the Firearms Amendment Act 1996." from clause 1 (1).
Insert instead:
any of the following Acts:
(a) the Firearms Amendment Act 1996,
(b) the Firearms Amendment (Trafficking) Act 2001.
[26] Schedule 3
Insert after Part 2 of the Schedule:
Part 3 Provisions consequent on enactment of
Firearms Amendment (Trafficking) Act 2001
13 Close associates of firearms dealers
(1) Section 17B extends to an application for a licence that was
made, but not finally determined, before the commencement of
that section.
(2) Section 44 (1), as substituted by the Firearms Amendment
(Trafficking) Act 2001, does not apply in respect of an
application made before the commencement of that subsection.
(3) Section 44 (2), as substituted by the Firearms Amendment
(Trafficking) Act 2001, does not apply to the holder of a
licence in force at the commencement of that subsection.
(4) Section 44 (3) extends to the holder of a licence in force at the
commencement of that subsection.
14 Nature of proceedings for offences
Section 84 (3) does not apply in respect of an offence
committed before the commencement of that subsection.
15 Selling firearms on an ongoing basis
Section 51B does not apply in respect of a sale of a firearm that
took place before the commencement of that section.
Page 15
Firearms Amendment (Trafficking) Bill 2001
Schedule 1 Amendment of Firearms Act 1996
16 Amnesty concerning firearm frames and receivers
(1) Subject to the regulations, a person who acquired a firearm
frame or receiver before the commencement of this clause that
is not registered under Part 3 (as applied by section 93) does
not, during the period of 6 months starting on the
commencement of this clause, commit an offence under
section 36 by possessing, purchasing or selling the frame or
receiver.
(2) However, subclause (1) only operates in respect of the sale or
purchase of an unregistered firearm frame or receiver if:
(a) the person purchasing the frame or receiver is a
licensed firearms dealer, or
(b) the transaction has, in accordance with the regulations,
been arranged through a licensed firearms dealer, or
(c) in any case where a licensed firearms dealer is not (as
determined by the regulations) reasonably available, the
transaction is witnessed by a police officer authorised by
the Commissioner.
(3) A person who is the holder of a licence or permit and who
applies, on or before the expiry of the 6-month period referred
to in subclause (1), for the registration of a firearm frame or
receiver does not commit an offence under section 36 in
respect of the possession of an unregistered firearm frame or
receiver that is capable of forming part of a firearm to which
the licence or permit relates before the person is notified of the
registration or refusal of registration of the firearm or receiver.
(4) If, after the expiry of the 6-month period referred to in
subclause (1), a person who applied for the registration of an
unregistered firearm frame or receiver before the expiry of that
period is notified that the application has been refused, the
person must immediately surrender the frame or receiver to a
police officer.
Maximum penalty (subclause (4)): 50 penalty units or
imprisonment for 12 months, or both.
(5) A person does not contravene any other provision of this Act
just by surrendering a firearm frame or receiver in accordance
with subclause (4).
Page 16
Firearms Amendment (Trafficking) Bill 2001
Amendment of Criminal Assets Recovery Act 1990 Schedule 2
Schedule 2 Amendment of Criminal Assets Recovery
Act 1990
(Section 4)
[1] Section 6 Meaning of "serious crime related activity"
Insert after section 6 (2) (d):
(e) a firearm offence under section 51B of the Firearms
Act 1996, or
[2] Section 6 (2) (f)
Omit "or (d)". Insert instead "or any other paragraph of this subsection".
Page 17
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