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Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.4 - Dangerous weapons  

Division 361 - International firearms trafficking  

 View history note

SECTION 361.3   Trafficking prohibited firearms or firearm parts out of Australia  

View history reference

Basic offence

(1)    
A person commits an offence if:

(a)    the person exports a thing, or enters a thing for export from Australia; and

(b)    the thing is a firearm or firearm part; and

(c)    the person exports, or enters for export, the firearm or part with the intention of trafficking in the firearm or part; and

(d)    exporting, or entering for export, the firearm or part was prohibited under the Customs Act 1901 :


(i) absolutely; or

(ii) unless certain requirements were met; and

(e)    if subparagraph (d)(ii) applies - the person fails to meet any of those requirements.

Penalty: Imprisonment for 20 years or a fine of 5,000 penalty units, or both.



Aggravated offence - exporting or entering for export 50 or more prohibited firearms or firearm parts in 6 month period

(2)    
A person commits an offence if:

(a)    the person (on one or more occasions) exports, or enters for export from Australia, one or more things; and

(b)    the thing is, or the things include, a firearm or firearm part; and

(c)    the person exports, or enters for export, each firearm or part with the intention of trafficking in the firearm or part; and

(d)    exporting, or entering for export, each firearm or part was prohibited under the Customs Act 1901 :


(i) absolutely; or

(ii) unless certain requirements were met; and

(e)    if subparagraph (d)(ii) applies in relation to an occasion of exportation or entry for export - the person fails to meet any of those requirements; and

(f)    any occasion of exportation or entry for export, or 2 or more occasions taken together, results in the exportation or entry for export by the person of:


(i) 50 or more firearms; or

(ii) 50 or more firearm parts; or

(iii) a combination of firearms and firearm parts such that the sum of the firearms and the firearm parts is 50 or more; and

(g)    if the exportation or entry for export of the firearms or parts mentioned in paragraph (f) resulted from 2 or more occasions of exportation or entry for export taken together - the occasions of exportation or entry occurred during a 6 month period.

Penalty: Imprisonment for life or a fine of 7,500 penalty units, or both.



Provisions relating to basic offence and aggravated offence

(3)    
Absolute liability applies to paragraphs (1)(d) and (2)(d) and (g) .

Note:

For absolute liability, see section 6.2 .

(4)    
Strict liability applies to paragraphs (1)(e) and (2)(e) and (f) .

Note:

For strict liability, see section 6.1 .

(5)    
To avoid doubt, it is immaterial for the purposes of paragraphs (2)(b) and (f) whether the firearms or firearm parts are of the same kind.

 View history note