FIREARMS ACT 1996 - SECT 74
Effect of firearms prohibition order
FIREARMS ACT 1996 - SECT 74
Effect of firearms prohibition order
(1) Prohibition on persons acquiring, possessing or using firearms ,
firearm parts or ammunition A person who is subject to a
firearms prohibition order must not acquire , possess or use a firearm . :
Maximum penalty--imprisonment for 14 years if the firearm is a pistol or
prohibited firearm , or imprisonment for 5 years in any other case. Note :
Reference to a pistol includes a prohibited pistol . (2) A person who is
subject to a firearms prohibition order must not acquire or possess a
firearm part . : Maximum penalty--imprisonment for 14 years if the firearm part
relates solely to any kind of pistol or prohibited firearm , or imprisonment
for 5 years in any other case. (3) A person who is subject to a
firearms prohibition order must not acquire or possess ammunition for any
firearm . : Maximum penalty--imprisonment for 5 years. (4) Prohibition on
supplying firearms etc to persons subject to orders A person must not supply
or give possession of a firearm or firearm part to another person knowing that
the other person is subject to a firearms prohibition order . : Maximum
penalty--imprisonment for 14 years if the firearm is a pistol or
prohibited firearm or if the firearm part relates solely to any kind of pistol
or prohibited firearm , or imprisonment for 5 years in any other case. (5) A
person must not supply or give possession of ammunition for any firearm to
another person knowing that the other person is subject to a
firearms prohibition order . : Maximum penalty--imprisonment for 5 years. (6)
Prohibition on persons residing at premises where there are firearms etc A
person who is subject to a firearms prohibition order is guilty of an offence
if a firearm , firearm part or ammunition for any firearm is kept or found on
premises at which the person is residing. : Maximum penalty--50 penalty units
or imprisonment for 12 months, or both. (7) It is a defence to a prosecution
for an offence under subsection (6) if the defendant proves that the
defendant-- (a) did not know, and could not reasonably be expected to have
known, that the firearm , firearm part or ammunition was on the premises, or
(b) took reasonable steps to prevent the firearm , firearm part or ammunition
from being on the premises. (8) Prohibition on persons attending certain
premises A person who is subject to a firearms prohibition order must not
without reasonable excuse attend-- (a) the premises specified in a
firearms dealer 's licence , or (b) a shooting range, or (c) the premises of a
firearms club, or (d) any other premises of a kind prescribed by the
regulations. : Maximum penalty--50 penalty units or imprisonment for 12
months, or both. (9) Membership of a firearms club is not a reasonable excuse
for the purposes of subsection (8). (10) Exemptions The Commissioner may by
order exempt a person, either unconditionally or subject to conditions, from a
specified provision of this section. (11) Proof of possession of
firearm parts and ammunition For the purposes of any proceedings for an
offence under this section, a reference in section 4A to a firearm is taken to
include a reference to a firearm part or ammunition .
http://www.austlii.edu.au/au/legis/nsw/consol_act/fa1996102/s74.html