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  

SECTION 361.3   Trafficking prohibited firearms or firearm parts out of Australia   Customs Act prohibits exports absolutely

(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 the firearm or part was prohibited under the Customs Act 1901 absolutely.

Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(2)  
Absolute liability applies to paragraph (1)(d).

Note:

For absolute liability, see section 6.2 .

Customs Act prohibits exports if requirements not met

(3)  
A person commits an offence if:


(a) the person exports a thing; and


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


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


(d) exporting the firearm or part, or entering the firearm or part for export, was prohibited under the Customs Act 1901 unless certain requirements were met; and


(e) the person fails to meet any of those requirements.

Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(4)  
A person commits an offence if:


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


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


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


(d) entering the firearm or part for export was prohibited under the Customs Act 1901 unless certain requirements were met; and


(e) the person fails to meet any of those requirements.

Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(5)  
Absolute liability applies to paragraphs (3)(d) and (4)(d).

Note:

For absolute liability, see section 6.2 .

(6)  
Strict liability applies to paragraphs (3)(e) and (4)(e).

Note:

For strict liability, see section 6.1 .




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