New South Wales Consolidated Acts

WEAPONS PROHIBITION ACT 1998 - SECT 34

34 Effect of weapons prohibition order

(1) A person must not possess or use a prohibited weapon in contravention of a weapons prohibition order that is in force.

Maximum penalty:

• on summary conviction-100 penalty units or imprisonment for 2 years, or both,

• on conviction on indictment-imprisonment for 10 years.

(2) Without limiting the generality of subsection (1) and for the purposes only of that subsection, a prohibited weapon found in or on any premises is, in the absence of proof to the contrary, taken to be in the possession of any person subject to a weapons prohibition order who at the time of the finding or around that time was in or on or in occupation of the premises.

(3) A person must not sell or give possession of a prohibited weapon to another person, knowing that the other person is prohibited from possessing prohibited weapons by a weapons prohibition order.

Maximum penalty:

• on summary conviction-100 penalty units or imprisonment for 2 years, or both,

• on conviction on indictment-imprisonment for 10 years.

(4) In this section, "premises" includes any structure, vehicle, vessel or aircraft or any place, whether built on or not.