New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 51

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:

(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).

Maximum penalty: imprisonment for 5 years.

(1A) A person ( "the seller") must not sell, or knowingly take part in the sale of, a prohibited firearm or pistol to another person ( "the purchaser") unless:

(a) the purchaser is authorised to possess the prohibited firearm or pistol by a licence or permit, and

(b) the following documents have been produced to, and inspected by, the seller:

(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 permit that is issued under the law of another State or Territory in respect of the prohibited firearm or pistol concerned).

Maximum penalty: imprisonment for 20 years.

(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.

Maximum penalty: imprisonment for 5 years.

(2A) A person other than a licensed firearms dealer must not sell, or knowingly take part in the sale of, a prohibited firearm or pistol 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.

Maximum penalty: imprisonment for 20 years.

(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.

(4) If on the trial of a person for an offence under subsection (1A) or (2A) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1) or (2), respectively, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.