Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.4 - Dangerous weapons  

Division 360 - Cross-border firearms trafficking  

SECTION 360.4   Concurrent operation intended  

(1)  
This Division is not intended to exclude or limit the concurrent operation of any law of a State or Territory.

(2)  
Without limiting subsection (1), this Division is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:


(a) an act or omission that is an offence against this Division; or


(b) a similar act or omission;

an offence against the law of the State or Territory.

(3)  
Subsection (2) applies even if the law of the State or Territory does any one or more of the following:


(a) provides for a penalty for the offence that differs from the penalty provided for in this Division;


(b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence against this Division;


(c) provides for a defence in relation to the offence that differs from the defences applicable to the offence against this Division.

(4)  
A person punished for an offence against a law of a State or Territory referred to in subsection (2) in respect of particular conduct cannot be punished for an offence against this Division in respect of that conduct.




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