Part 5Firearms
dealers
43Firearms dealers must be
licensed
A person must not:
(a)
carry on activities as a firearms dealer,
or
(b)
possess a firearm in the person’s capacity
as a firearms dealer,
unless authorised to do so by a firearms dealer
licence.
Maximum penalty: imprisonment for 7
years.
s 43: Am 1996 No 135,
Sch 1 [45] [46]; 2001 No 24, Sch 1 [11]. Subst 2002 No 47, Sch 1
[11].
44Information about close
associates of firearms dealers
(1)
In an application for a firearms dealer licence,
the applicant must give the name and address of each person who is a close
associate of the applicant and particulars of the nature of each such
person’s association with the applicant.
(2)
If a licensed firearms dealer becomes aware that
the close associates of the firearms dealer (if any) have changed since the
firearms dealer’s most recent application for a licence, or declaration
under this section, was submitted to the Commissioner, the firearms dealer
must submit to the Commissioner within 7 days:
(a)
a declaration notifying the Commissioner in
writing of that fact, and
(b)
the name and address of each person who is a
close associate of the firearms dealer and particulars of the nature of each
such person’s association with the firearms
dealer.
(3)
A licensed firearms dealer must, if notice in
writing is served on the dealer by the Commissioner, submit to the
Commissioner, within such time as is specified in the notice and in the form
provided by the Commissioner:
(a)
a declaration that:
(i)
the firearms dealer (and no other person) is the
person primarily responsible for the management of the firearms dealing
business that is carried on under the licence, or
(ii)
another person or other persons (whether instead
of or in addition to the licensed firearms dealer) are primarily responsible
for the management of that business, and
(b)
either:
(i)
a declaration that the close associates of the
firearms dealer (if any) have not changed since the most recent application
for a licence, or declaration under this section, was submitted to the
Commissioner, or
(ii)
the name and address of each person who is a
close associate of the firearms dealer and particulars of the nature of each
such person’s association with the firearms
dealer.
(4)
A person must not, in or in connection with a
declaration under this section, make a statement or provide information that
the person knows is false or misleading in a material
particular.
Maximum penalty: 50 penalty
units.
s 44: Subst 2001 No
24, Sch 1 [12]. Am 2001 No 112, Sch 3.6 [2].
44APrescribed persons not to be
involved in firearms dealing business
(1)
If a licensed firearms dealer:
(a)
employs a prescribed person in the business that
is authorised by the licence, or
(b)
permits a prescribed person to act as an agent
for, or participate in the management of, that
business,
the firearms dealer and the prescribed person are each
guilty of an offence.
Maximum penalty: imprisonment for 14
years.
(2)
It is a defence for a licensed firearms dealer
prosecuted for an offence under subsection (1) if the firearms dealer proves
that he or she did not know, and could not reasonably be expected to have
known, that the person employed or permitted to act as an agent for, or to
participate in the management of, the firearms dealer’s business was in
fact a prescribed person.
(3)
In this section, prescribed person means a person
who:
(a)
has, within the preceding 10 years, had his or
her firearms dealer licence revoked by the Commissioner for any reason,
or
(b)
has, within the preceding 10 years, been
convicted in New South Wales or elsewhere of an offence prescribed by the
regulations for the purposes of this section, whether or not the offence is an
offence under New South Wales law, or
(c)
has, within the preceding 10 years, had his or
her application for a licence or permit refused by the Commissioner, or had
his or her licence or permit revoked, for either or both of the following
reasons:
(i)
the Commissioner was not satisfied that the
person was a fit and proper person and could be trusted to have possession of
firearms without danger to public safety or to the peace,
(ii)
the Commissioner considered that issue of the
licence or permit to the person would be contrary to the public interest,
or
(d)
is subject to an apprehended violence order,
or
(e)
is the subject of a good behaviour bond, whether
entered into in New South Wales or elsewhere, in relation to an offence
prescribed by the regulations, or
(f)
is subject to a firearms prohibition
order.
s 44A: Ins 2001 No
24, Sch 1 [12]. Am 2006 No 82, Sch 1 [3].
45Recording of
transactions
(cf APMC 9, 1990 Reg cl 35)
(1)
A licensed firearms dealer must ensure
that:
(a)
all transactions and dealings concerning firearms
or firearm parts to which the firearms dealer’s licence applies are
recorded in accordance with this section, and
(b)
each record relating to a transaction or dealing
concerning a firearm, a spare barrel for a firearm, a firearm frame or a
firearm receiver is, in accordance with the regulations, sent to the
Commissioner for inclusion of the particulars in the Register and in order to
update the Register.
(2)
Each record must contain the following
particulars for each purchase, receipt, sale or transfer of a firearm or
firearm part by the dealer concerned from or to the other person dealing with
the dealer:
(a)
the name and address of the other
person,
(b)
the number of the other person’s licence or
permit authorising the other person to possess the firearm or firearm
part,
(c)
the number of the other person’s permit to
acquire the firearm,
(d)
for each firearm or firearm part that is or has
been in the possession of the dealer:
(i)
the dates of its initial purchase or receipt by
the dealer and of its subsequent sale or transfer out of the possession of the
dealer, and
(ii)
the name and address of the person who initially
gave possession of it to the dealer, and
(iii)
when it is sold or transferred out of the
possession of the dealer—its make, serial number, calibre, type, action
and magazine capacity (if any),
(e)
such other particulars as may be prescribed by
the regulations.
(3)
An entry required to be made in a record
concerning the purchase, receipt, sale or transfer of a firearm, firearm frame
or firearm receiver must, subject to the regulations, be entered within 24
hours of the transaction concerned.
(4)
A record must be made and kept in the form
approved by the Commissioner.
(5)
If a licensed firearms dealer ceases to hold such
a licence, the former licensed firearms dealer must provide the Commissioner
with a record of all transactions during the 2 years immediately preceding the
date on which the licence ceased to be in force.
(6)
A person who is required to ensure a record is
kept or to keep a record under this section, must, on demand made by a police
officer at any time:
(a)
produce the record to that officer and permit
that officer to inspect and make copies of any entries in it,
and
(b)
produce to that officer all firearms and firearm
parts in the possession of that person, and
(c)
furnish to that officer any information in that
person’s possession with respect to any firearm or firearm part that has
been manufactured, purchased or received under the authority of the
person’s firearms dealer licence, or that the person has in his or her
possession or has sold or otherwise transferred or repaired under the
authority of the licence.
(7)
Any person making an alteration to an entry in a
record required to be kept under this section must do so by interlineation or
striking out and not by erasure.
Maximum penalty: 20 penalty
units.
s 45: Am 2001 No 24,
Sch 1 [13]–[17]; 2001 No 112, Sch 3.6 [3]; 2002 No 53, Sch
2.14.
46Quarterly
returns
(cf 1990 Reg cl 35A)
(1)
A licensed firearms dealer must, within 14 days
after the end of the months of March, June, September and December in each
year, forward a return to the Commissioner which contains the particulars for
the preceding quarter that are required to be recorded under section 45
(2).
Maximum penalty: 50 penalty
units.
(2)
This section does not prevent a person from
forwarding returns at more frequent intervals than this section
requires.
(3)
The return is to be in the form approved by the
Commissioner.
47Additional requirements for
dealers
(cf 1990 Reg cl 36)
(1)
A licensed firearms dealer must affix and keep
affixed to each firearm in the dealer’s possession (other than for the
purposes of maintenance or repair) a label showing the entry number for that
firearm as entered in the record required to be kept under this Part and the
identifying number (if any) of that firearm.
(2)
A licensed firearms dealer must, if notice in
writing is served on the dealer by the Commissioner, furnish to the
Commissioner, within such time as is specified in the notice and in the form
provided by the Commissioner, such particulars relating to the acquisition,
disposition or possession by the dealer of any firearms or firearm parts as
are required by the notice.
(3)
A licensed firearms dealer must, within 24 hours
after becoming aware of the loss, theft or destruction of any firearm or
firearm part that was in the possession of the dealer, notify the Commissioner
of that loss, theft or destruction in the form approved by the Commissioner
for that purpose.
(4)
A licensed firearms dealer must ensure that each
record required by this Act to be kept by the dealer is kept in a place of
safe keeping on the premises specified in the licence (but not in a place of
safe keeping in which firearms are kept).
(5)
A licensed firearms dealer must not take
possession of any firearm for the purpose of maintaining or repairing it
unless the firearms dealer has sighted both of the following:
(a)
the licence or permit of the person who is giving
possession of the firearm to the dealer,
(b)
the current notice of registration of the
firearm.
(6)
A licensed firearms dealer must not maintain or
repair any firearm that is not registered.
Maximum penalty (subsections (1)–(6)): 50
penalty units.
(7)
The regulations may prescribe other requirements
with respect to licensed firearms dealers.
48Security of displayed
firearms
(cf APMC 8, 1990 Reg cl 37)
(1)
A licensed firearms dealer who displays firearms
on the dealer’s premises must ensure that those firearms are secured in
such a manner as would reasonably prevent their removal otherwise than by the
dealer or any employee of the dealer.
(2)
A licensed firearms dealer must ensure that any
firearm displayed in any part of the premises to which the licence
relates:
(a)
is under the immediate supervision and control of
the dealer or an employee of the dealer, and
(b)
is not displayed to the public unless reasonable
precautions are taken to prevent it from being
stolen.
Maximum penalty: 50 penalty
units.
s 48: Am 2001 No 112,
Sch 3.6 [1].
49Interstate transactions
between dealers
(cf 1990 Reg cl 38)
(1)
Despite any other provision of this Act, a
licensed firearms dealer is, for the purposes of any transaction between the
dealer and the holder of a corresponding licence outside New South Wales,
authorised to purchase a firearm from the holder of that corresponding
licence.
(2)
In this section, corresponding licence means an
instrument that, in the opinion of the Commissioner, is the equivalent of a
firearms dealer licence in a place outside New South
Wales.
s 49: Am 2001 No 24,
Sch 1 [11].
Part 6Miscellaneous
offences
50Purchase of
firearms
(cf APMC 7, 1989 Act s 6)
A person must not purchase a firearm unless the
person is:
(a)
authorised to possess the firearm by a licence or
permit, and
(b)
except in the case of a licensed firearms dealer,
authorised to acquire the firearm by a permit (or the equivalent of any such
permit that is issued under the law of another State or Territory in respect
of the firearm concerned).
Maximum penalty: imprisonment for 10 years if the
firearm concerned is a prohibited firearm or pistol, or imprisonment for 5
years in any other case.
s 50: Am 2001 No 24,
Sch 1 [18]; 2002 No 47, Sch 2 [3].
50AAPurchase of firearm
parts
(1)
A person must not purchase a firearm part unless
the person:
(a)
is the holder of a licence or permit for the kind
of firearm to which the firearm part relates, or
(b)
is authorised by a permit to purchase the firearm
part.
Maximum penalty: imprisonment for 5
years.
(2)
A person must not purchase a firearm part that
relates to any kind of prohibited firearm or pistol unless the person:
(a)
is the holder of a licence or permit for that
kind of prohibited firearm or pistol, or
(b)
is authorised by a permit to purchase the firearm
part.
Maximum penalty: imprisonment for 10
years.
(3)
If, on the trial of a person for an offence under
subsection (2), the jury is not satisfied that the accused is guilty of the
offence but is satisfied on the evidence that the person is guilty of an
offence under subsection (1), it may find the person not guilty of the offence
charged but guilty of an offence under subsection (1), and the accused is
liable to punishment accordingly.
s 50AA: Ins 2003 No
92, Sch 2 [1].
50AUnauthorised manufacture of
firearms
(1)
A person who manufactures a firearm is guilty of
an offence under this subsection unless the person is authorised by a licence
or permit to manufacture the firearm.
Maximum penalty: imprisonment for 10
years.
(2)
A person who manufactures a prohibited firearm or
pistol is guilty of an offence under this subsection unless the person is
authorised by a licence or permit to manufacture the prohibited firearm or
pistol.
Maximum penalty: imprisonment for 20
years.
(3)
Without limiting the operation of subsection (1)
or (2), those subsections apply to a person regardless of whether the firearm
concerned was manufactured in the course of carrying on a
business.
(4)
If on the trial of a person for an offence under
subsection (2) the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied on the evidence that the accused is guilty of
an offence under subsection (1), it may find the accused not guilty of the
offence charged but guilty of an offence under subsection (1), and the accused
is liable to punishment accordingly.
(5)
In this section:
manufacture a firearm includes
assemble a firearm from firearm parts.
s 50A: Ins 2002 No
47, Sch 1 [12].
51Restrictions on sale of
firearms
(1)
A person (the
seller) must not sell, or knowingly take part in the sale
of, a firearm to another person (the
purchaser) unless:
(a)
the purchaser is authorised to possess the
firearm by a licence or permit, and
(b)
the following documents have been produced to,
and inspected by, the seller:
(i)
the purchaser’s licence or permit,
and
(ii)
if the purchaser is not a licensed firearms
dealer—the purchaser’s permit to acquire the firearm (or the
equivalent of any such permit that is issued under the law of another State or
Territory in respect of the firearm concerned).
Maximum penalty: imprisonment for 5
years.
(1A)
A person (the
seller) must not sell, or knowingly take part in the sale
of, a prohibited firearm or pistol to another person (the purchaser) unless:
(a)
the purchaser is authorised to possess the
prohibited firearm or pistol by a licence or permit, and
(b)
the following documents have been produced to,
and inspected by, the seller:
(i)
the purchaser’s licence or permit,
and
(ii)
if the purchaser is not a licensed firearms
dealer—the purchaser’s permit to acquire the firearm (or the
equivalent of any permit that is issued under the law of another State or
Territory in respect of the prohibited firearm or pistol
concerned).
Maximum penalty: imprisonment for 20
years.
(2)
A person other than a licensed firearms dealer
must not sell, or knowingly take part in the sale of, a firearm to a person
who is not a licensed firearms dealer unless:
(a)
the sale has, in accordance with the regulations,
been arranged through a licensed firearms dealer, or
(b)
in any case where a licensed firearms dealer is
not (as determined by the regulations) reasonably available—the sale is
witnessed by a police officer authorised by the
Commissioner.
Maximum penalty: imprisonment for 5
years.
(2A)
A person other than a licensed firearms dealer
must not sell, or knowingly take part in the sale of, a prohibited firearm or
pistol to a person who is not a licensed firearms dealer unless:
(a)
the sale has, in accordance with the regulations,
been arranged through a licensed firearms dealer, or
(b)
in any case where a licensed firearms dealer is
not (as determined by the regulations) reasonably available—the sale is
witnessed by a police officer authorised by the
Commissioner.
Maximum penalty: imprisonment for 20
years.
(3)
For the purposes of this section, a person
takes
part in the sale of a firearm if:
(a)
the person takes, or participates in, any step,
or causes any step to be taken, in the process of that sale,
or
(b)
the person provides or arranges finance for any
step in that process, or
(c)
the person provides the premises in which any
step in that process is taken, or suffers or permits any step in that process
to be taken in premises of which the person is the owner, lessee or occupier
or of which the person has the care, control or
management.
(4)
If on the trial of a person for an offence under
subsection (1A) or (2A) the jury is not satisfied that the accused is guilty
of the offence charged but is satisfied on the evidence that the accused is
guilty of an offence under subsection (1) or (2), respectively, it may find
the accused not guilty of the offence charged but guilty of the latter
offence, and the accused is liable to punishment
accordingly.
s 51: Subst 2001 No
24, Sch 1 [19]. Am 2002 No 47, Sch 2 [4]–[8].
51ARestrictions on purchase of
firearms
(1)
A person (the
purchaser) must not purchase a firearm from another person
(the
seller) unless:
(a)
the seller is authorised to possess the firearm
by a licence or permit, and
(b)
the seller’s licence or permit has been
produced to, and inspected by, the purchaser.
(2)
A person other than a licensed firearms dealer
must not purchase a firearm from another person who is not a licensed firearms
dealer unless:
(a)
the sale has been, in accordance with the
regulations, arranged through a licensed firearms dealer,
or
(b)
in any case where a licensed firearms dealer is
not (as determined by the regulations) reasonably available—the sale is
witnessed by a police officer authorised by the
Commissioner.
Maximum penalty: imprisonment for 14 years if the
firearm concerned is a prohibited firearm or pistol, or imprisonment for 5
years in any other case.
s 51A: Ins 2001 No
24, Sch 1 [19]. Am 2002 No 47, Sch 2 [9].
51BSelling firearms on an ongoing
basis
(1)Offence
A person must not contravene section 51 on 3 or
more separate occasions over any consecutive period of 12
months.
Maximum penalty: imprisonment for 20
years.
(2)Jury must be satisfied as to
same 3 occasions of sale
If, on the trial of a person for an offence under
this section, more than 3 occasions of selling a firearm are relied on as
evidence of commission of the offence, all the members of the jury must be
satisfied as to the same 3 occasions in order to find the person guilty of the
offence.
(3)Alternative
verdict—relevant selling offence
If, on the trial of a person for an offence under
this section, the jury is not satisfied that the offence is proven but is
satisfied that the person has, in respect of any of the occasions relied on as
evidence of commission of the offence under this section, committed a relevant
selling offence, the jury may acquit the person of the offence charged and
find the person guilty of the relevant selling offence, and the person is
liable to punishment accordingly.
(4)Double jeopardy
provisions
A person who has been convicted of an offence
under this section is not liable to be convicted:
(a)
of a relevant selling offence,
or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been convicted.
(5)
A person who has been acquitted of an offence
under this section is not liable to be convicted:
(a)
except as provided by subsection (3)—of a
relevant selling offence, or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been acquitted.
(6)
A person who has been:
(a)
convicted of a relevant selling offence,
or
(b)
acquitted of a relevant selling
offence,
is not liable to be convicted of an offence under this
section on the same, or substantially the same, facts as those relied on as
evidence of commission of the relevant selling offence.
(7)Liability for relevant selling
offences not affected by offence under this section
Subject to subsections (4) and (5), this section
does not:
(a)
remove the liability of any person to be
convicted of a relevant selling offence, or
(b)
affect the punishment that may be imposed for any
such offence.
(8)Definition
In this section, relevant
selling offence means any offence under this Act (other than
under this section) relating to the sale of a firearm.
s 51B: Ins 2001 No
24, Sch 1 [19]. Am 2003 No 92, Sch 2 [2].
51BARestrictions on sale of
firearm parts
(1)
A person (the
seller) must not sell, or knowingly take part in the sale
of, a firearm part to another person (the
purchaser) unless:
(a)
the seller is authorised by a licence or permit
to sell the firearm part, and
(b)
the purchaser is the holder of a licence or
permit for the kind of firearm to which the firearm part relates,
and
(c)
the purchaser’s licence or permit has been
produced to, and inspected by, the seller.
Maximum penalty: imprisonment for 5
years.
(2)
A person (the seller) must not sell, or
knowingly take part in the sale of, a firearm part to another person (the
purchaser), being a firearm part that solely relates to any
kind of prohibited firearm or pistol, unless:
(a)
the seller is authorised by a licence or permit
to sell the firearm part, and
(b)
the purchaser is the holder of a licence or
permit for that kind of prohibited firearm or pistol, and
(c)
the purchaser’s licence or permit has been
produced to, and inspected by, the seller.
Maximum penalty: imprisonment for 10
years.
(3)
For the purposes of this section, a person
takes
part in the sale of a firearm part if:
(a)
the person takes, or participates in, any step,
or causes any step to be taken, in the process of that sale,
or
(b)
the person provides or arranges finance for any
step in that process, or
(c)
the person provides the premises in which any
step in that process is taken, or suffers or permits any step in that process
to be taken in premises of which the person is the owner, lessee or occupier
or of which the person has the care, control or
management.
(4)
If, on the trial of a person for an offence under
subsection (2), the jury is not satisfied that the accused is guilty of the
offence but is satisfied on the evidence that the person is guilty of an
offence under subsection (1), it may find the person not guilty of the offence
charged but guilty of an offence under subsection (1), and the accused is
liable to punishment accordingly.
s 51BA: Ins 2003 No
92, Sch 2 [3].
51BBSelling firearm parts on an
ongoing basis
(1)
A person must not contravene section 51BA on 3 or
more separate occasions over any consecutive period of 12
months.
Maximum penalty: imprisonment for 20
years.
(2)
For the purposes of this section, the sale of
more than one firearm part to any person on a single occasion does not, in
itself, constitute more than one occasion.
(3)
If, on the trial of a person for an offence under
this section, more than 3 occasions of selling a firearm part are relied on as
evidence of commission of the offence, all the members of the jury must be
satisfied as to the same 3 occasions in order to find the person guilty of the
offence.
(4)
If, on the trial of a person for an offence under
this section, the jury is not satisfied that the offence is proven but is
satisfied that the person has, in respect of any of the occasions relied on as
evidence of commission of the offence under this section, committed an offence
under section 51BA, the jury may acquit the person of the offence charged and
find the person guilty of an offence under section 51BA, and the person is
liable to punishment accordingly.
(5)
A person who has been convicted of an offence
under this section is not liable to be convicted:
(a)
of an offence under section 51BA,
or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been convicted.
(6)
A person who has been acquitted of an offence
under this section is not liable to be convicted:
(a)
except as provided by subsection (4)—of an
offence under section 51BA, or
(b)
of a separate offence under this
section,
on the same, or substantially the same, facts as those
relied on as evidence of commission of the offence in respect of which the
person has been acquitted.
(7)
A person who has been:
(a)
convicted of an offence under section 51BA,
or
(b)
acquitted of such an
offence,
is not liable to be convicted of an offence under this
section on the same, or substantially the same, facts as those relied on as
evidence of commission of the offence under section
51BA.
(8)
Subject to subsections (5) and (6), this section
does not:
(a)
remove the liability of any person to be
convicted of an offence under section 51BA, or
(b)
affect the punishment that may be imposed for any
such offence.
s 51BB: Ins 2003 No
92, Sch 2 [3].
51CConspiring to commit and
aiding etc commission of offence outside New South Wales
A person must not, in New South Wales:
(a)
conspire with another person or persons to commit
an offence in any place outside New South Wales, being an offence punishable
under the provisions of a law in force in that place that corresponds to a
provision of this Act, or
(b)
aid, abet, counsel, procure, solicit or incite
the commission of an offence in any place outside New South Wales, being an
offence punishable under the provisions of a law in force in that place that
corresponds to a provision of this Act.
Maximum penalty: the same punishment, pecuniary
penalty and forfeiture that the person would be subject to if the offence
concerned had been committed in New South Wales.
s 51C: Ins 2001 No
24, Sch 1 [19].
51DUnauthorised possession of
firearms in aggravated circumstances
(1)
A person who is in possession of more than 3
firearms is guilty of an offence under this subsection if:
(a)
the firearms are not registered,
and
(b)
the person is not authorised by a licence or
permit to possess the firearms.
Maximum penalty: imprisonment for 10
years.
(2)
A person who is in possession of more than 3
firearms any one of which is a prohibited firearm or pistol is guilty of an
offence under this subsection if:
(a)
the firearms are not registered,
and
(b)
the person is not authorised by a licence or
permit to possess the firearms.
Maximum penalty: imprisonment for 20
years.
(3)
If on the trial of a person for an offence under
subsection (2) the jury is not satisfied that the accused is guilty of the
offence charged but is satisfied on the evidence that the accused is guilty of
an offence under subsection (1), it may find the accused not guilty of the
offence charged but guilty of an offence under subsection (1), and the accused
is liable to punishment accordingly.
s 51D: Ins 2002 No
47, Sch 1 [13].
51EPossession or use of pistols
fitted with magazines of more than 10 round capacity
A person who is the holder of a category H
(sport/target shooting) licence must not possess or use a pistol fitted with a
magazine that has a capacity of more than 10 rounds.
Maximum penalty: imprisonment for 14
years.
s 51E: Ins 2003 No
36, Sch 1 [15].
52Use of mail for sending
firearms and barrels
(cf 1990 Reg cl 86B)
(1)
A person must not send a firearm or firearm
barrel by mail to an address in New South Wales.
(2)
A person must not receive a firearm or firearm
barrel by mail at an address in New South Wales.
(3)
A person must not direct or request another
person, whether the other person is within or outside New South Wales when the
request is made, to send a firearm or firearm barrel by mail to an address in
New South Wales, whether or not the request is made in writing or in
connection with the purchase by the person of the firearm or firearm
barrel.
(4)
A person is taken to have made such a request if
the person accepts an offer made by another person within or outside New South
Wales to forward a firearm or firearm barrel by mail to an address within New
South Wales.
(4A)
It is not an offence under subsection (1) or (2)
if the firearm or firearm barrel is sent by a licensed firearms dealer to
another licensed firearms dealer by a form of post that requires delivery in
person to the addressee.
(4B)
It is not an offence under subsection (3) if the
person who is directed or requested to send the firearm or firearm barrel is a
licensed firearms dealer (or a firearms dealer licensed under the law of
another State) and the firearms dealer is directed or requested to send the
firearm or barrel to a licensed firearms dealer by a form of post that
requires delivery in person to the addressee.
(5)
It is a defence to a prosecution under subsection
(2) if the defendant proves that the firearm or firearm barrel was sent to the
defendant without his or her knowledge or approval.
(6)
Maximum penalty: 50 penalty
units.
s 52: Am 1996 No 135,
Sch 1 [47] [48]; 2001 No 112, Sch 3.6 [4]; 2008 No 66, Sch 1
[10].
53Use of mail for sending
firearms outside this State
(cf APMC 9, 1990 Reg cl 87)
A person must not send a firearm or firearm
barrel to another person by mail unless:
(a)
the person sending the firearm or firearm barrel
is a licensed firearms dealer, and
(b)
the address to which the firearm or firearm
barrel is sent is outside New South Wales, and
(c)
the firearm or firearm barrel is sent by a form
of post that requires delivery in person to the addressee,
and
(d)
the other person would not, because of receiving
the firearm or firearm barrel or being in possession of it at the place to
which it is sent, be guilty of any offence under any law which applies at that
place, and
(e)
the other person is a licensed firearms dealer
under the law of that other place.
Maximum penalty: 50 penalty
units.
s 53: Am 1996 No 135,
Sch 1 [49]; 2008 No 66, Sch 1 [11].
54Advertising sale of
firearms
(cf APMC 10 (a))
A person must not cause an advertisement for the
sale of a firearm or firearm part to be published unless:
(a)
the person is a licensed firearms dealer,
or
(b)
the proposed sale is to be arranged by or through
a licensed firearms dealer and the advertisement contains such particulars as
may be prescribed by the regulations.
Maximum penalty: 50 penalty
units.
s 54: Am 1996 No 135,
Sch 1 [50].
55Means of delivering possession
of firearms
(cf 1990 Reg cl 86A)
A person may deliver possession of a firearm or
firearm part to another person:
(a)
in person only, or
(b)
only by means of another person who appears to
the person to be able to ensure the security of the firearm or firearm part
during the course of delivery.
Maximum penalty: 50 penalty
units.
56Commercial transportation of
firearms
Any person who is engaged in the business of
transporting goods must not transport any firearm unless the firearm is
conveyed in accordance with the safety requirements prescribed by the
regulations.
Maximum penalty: 50 penalty
units.
s 56: Subst 1996 No
135, Sch 1 [51].
57Non-commercial transportation
of certain firearms
(cf APMC 10 (a))
Any person (other than a person who is engaged in
the business of transporting goods) who conveys a prohibited firearm or a
pistol must comply with the safety requirements prescribed by the
regulations.
Maximum penalty: 50 penalty
units.
s 57: Am 1996 No 135,
Sch 1 [52].
58Possession of spare barrels
for firearms
(cf 1989 Act s 9)
(1)
A person must not possess a barrel for a firearm
(other than a prohibited pistol) unless the person is authorised by a licence
or permit to possess the firearm or the barrel.
Maximum penalty: 50 penalty
units.
(2)
A person must not possess a barrel for a
prohibited pistol unless the person is authorised by a licence or permit to
possess the pistol or barrel.
Maximum penalty: imprisonment for 5
years.
s 58: Am 2003 No 36,
Sch 1 [16] [17].
59“On-the-spot”
inspection of firearms by police
(cf 1989 Act s 10)
(1)
A person who is carrying a firearm or possesses a
firearm that is within the immediate vicinity of the person must, on the
demand of a police officer at any time, produce for inspection by the police
officer:
(a)
the firearm, and
(b)
any licence or permit that authorises the person
to possess the firearm.
Maximum penalty: 20 penalty units or imprisonment
for 12 months, or both.
(2)
A person is guilty of an offence under this
section only if the police officer, when making the demand, explains to the
person that failure to comply with the demand is an offence under this
Act.
(3)
A person is not guilty of an offence under this
section because of failing to produce a licence or permit if the
person:
(a)
has a reasonable excuse for not having the
licence or permit when the demand is made, and
(b)
produces it, as soon as is practicable (but not
more than 6 hours) after the demand for its production is made, to the police
officer who made the demand or to another such police officer nominated by the
officer.
(4)
In this section, firearm includes a firearm
part.
60Disposal of firearms by
unauthorised persons
(cf 1989 Act s 11)
(1)
A person who comes into possession of a firearm,
but is not authorised by or under this Act to possess the firearm, must
(except as provided by section 82A) immediately surrender the firearm to a
police officer.
Maximum penalty: 50 penalty units or imprisonment
for 12 months, or both.
(2)
A person does not contravene any other provision
of this Act just by surrendering a firearm in accordance with this
section.
s 60: Am 2003 No 36,
Sch 1 [18].
61Unsafe
firearms
(cf 1989 Act s 13)
(1)
A person must not sell or give possession of a
firearm to another person knowing that it is unsafe, except after giving an
appropriate warning.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
(2)
A police officer may seize any firearm in the
possession of any person if:
(a)
the firearm is in a public place,
and
(b)
the officer suspects on reasonable grounds that
the firearm is unsafe.
(3)
For the purposes of this section, a firearm is to
be considered as being unsafe (apart from any other reason for which it may be
unsafe) if, because of some mechanical defect or its general condition, it may
reasonably be considered to be unsafe.
62Shortening
firearms
(cf 1989 Act s 14)
(1)
A person must not, unless authorised to do so by
a permit:
(a)
shorten any firearm (other than a pistol),
or
(b)
possess any such firearm that has been shortened,
or
(c)
sell or give possession of any such firearm that
has been shortened to another person.
Maximum penalty: imprisonment for 10
years.
(2)
The regulations may provide that certain kinds of
firearms are to be considered as having been shortened for the purposes of
this section only if they (or specified parts of them) have prescribed
characteristics.
s 62: Am 2002 No 47,
Sch 2 [10].
63Converting
firearms
(cf 1989 Act s 15)
(1)
A person must not shorten a firearm so as to
convert it into a pistol unless a licence has been issued to the person
authorising possession of the pistol.
Maximum penalty: imprisonment for 10
years.
(1A)
A person must not, unless authorised to do so by
a permit, alter the construction or action of a pistol that is not a
prohibited pistol so as to convert it into a prohibited pistol.
Maximum penalty: imprisonment for 10
years.
(2)
A person must not, unless authorised to do so by
a permit, alter the construction or action of a prohibited firearm so as to
convert it into a firearm that is not a prohibited firearm.
Maximum penalty: imprisonment for 10
years.
(3)
A person must not, unless authorised to do so by
a permit, alter the construction or action of a firearm that is not a
prohibited firearm so as to convert it into a prohibited
firearm.
Maximum penalty: imprisonment for 10
years.
(4)
A person must not provide another person with any
information or thing that the person knows, or could reasonably be expected to
know, is to be used for the purpose of altering the construction or action of
a firearm if the other person is not authorised by a licence or permit to
possess a firearm of the kind to which it is capable of being so
altered.
Maximum penalty: imprisonment for 10
years.
s 63: Am 2002 No 47,
Schs 1 [14], 2 [11]; 2003 No 36, Sch 1 [19].
64Restrictions where alcohol or
other drugs concerned
(cf 1989 Act s 16)
(1)
A person must not handle or use a firearm while
the person is under the influence of alcohol or any other drug.
Maximum penalty: imprisonment for 5
years.
(2)
A person must not sell or give possession of a
firearm to another person:
(a)
if the person knows or has reasonable cause to
believe that the other person is under the influence of alcohol or any other
drug, or
(b)
if the other person’s appearance or
behaviour is such that the person intending to sell or give possession of the
firearm believes or has reasonable cause to believe that the other person is
incapable of exercising responsible control over the
firearm.
Maximum penalty: imprisonment for 5
years.
s 64: Am 2002 No 47,
Sch 2 [12].
65Sale, purchase and possession
of ammunition
(cf APMC 9 (c), 1989 Act s 17)
(1)
A person must not sell ammunition for any firearm
unless:
(a)
the purchaser is the holder of a licence or
permit for a firearm which takes that ammunition, or
(b)
the purchaser is authorised to purchase it by a
permit,
and the seller has seen the licence or
permit.
(2)
A person must not purchase ammunition for any
firearm unless the person:
(a)
is the holder of a licence or permit for a
firearm which takes that ammunition, or
(b)
is authorised to purchase it by a
permit,
and the amount of ammunition that is purchased at any
one time does not exceed the amount (if any) prescribed by the
regulations.
(3)
A person must not possess ammunition unless the
person:
(a)
is the holder of a licence or permit for a
firearm which takes that ammunition, or
(b)
is authorised to possess it by a
permit.
(4)
A person is not guilty of an offence under
subsection (3) only because of possessing ammunition that is being conveyed or
stored in the ordinary course of the person’s duties in the business of
a carrier or warehouse operator.
Maximum penalty: 50 penalty
units.
s 65: Am 1996 No 135,
Sch 1 [53]–[56] (am 1997 No 55, Sch 2.6); 2001 No 24, Sch 1 [11] [20];
2001 No 112, Sch 3.6 [4].
66Defacing or altering
identification marks
(cf 1989 Act s 18)
A person must not, unless authorised by the
Commissioner to do so:
(a)
deface or alter any number, letter or
identification mark on any firearm or barrel for a firearm,
or
(b)
have possession of any firearm or barrel for a
firearm on which any number, letter or identification mark has been defaced or
altered.
Maximum penalty: imprisonment for 5
years.
s 66: Am 2002 No 47,
Sch 2 [13].
67Pawning of firearms
prohibited
(cf 1989 Act s 20)
A pawnbroker must not take a firearm, firearm
part or ammunition into pawn.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
68Licence or permit must be
produced on demand
(cf 1989 Act s 37)
(1)
A person to whom a licence or permit is issued
must, on demand made by a police officer at any time:
(a)
if the person has the licence or permit in his or
her immediate possession—produce the licence or permit for inspection by
the police officer, or
(b)
if the person does not have the licence or permit
in his or her immediate possession—produce it as soon as practicable
(but not more than 6 hours) after the demand is made to the police officer who
made the demand or to another police officer nominated by the officer,
or
(c)
state the person’s full name and usual
place of residence to the police officer.
Maximum penalty: 50 penalty
units.
(2)
A person is guilty of an offence under this
section only if the police officer, when making the demand, explains to the
person that failure to comply with the demand is an offence against this
Act.
69Requirement to notify change
of address
(cf 1990 Reg cl 26)
A licensee or the holder of a permit must, if
there is any change in the licensee’s or permit holder’s place of
residence, provide the Commissioner with the particulars of the change of
address within 7 days after the change occurs.
Maximum penalty: 50 penalty
units.
70False or misleading
applications
(cf 1989 Act s 44)
A person must not, in or in connection with an
application under this Act or the regulations, make a statement or provide
information that the person knows is false or misleading in a material
particular.
Maximum penalty: imprisonment for 10 years if the
application relates to a prohibited firearm or pistol, or imprisonment for 5
years in any other case.
s 70: Am 2002 No 47,
Sch 2 [14].
71Misuse of licences and
permits
(cf 1989 Act s 46)
A person must not:
(a)
falsely represent himself or herself to be the
holder of a licence or permit (whether or not it is in force),
or
(b)
(c)
give possession of a licence or permit to another
person for the purpose of using it unlawfully, or
(d)
steal a licence or permit, or
(e)
knowingly have possession of a forged,
fraudulently altered, borrowed or stolen licence or
permit.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
Note—
It is an offence under section 300 (1) of the
Crimes Act 1900 to make a false
instrument (such as a forged or fraudulently altered firearms licence) with
the intention that it will be used by somebody to induce another person to
accept it as genuine and (because of that acceptance) to do (or not do) some
act to that other person’s prejudice. The penalty for such an offence is
imprisonment for 10 years.
s 71: Am 2003 No 92,
Sch 2 [4].
s 71, note: Ins 2003
No 92, Sch 2 [5].
71AUsing forged or fraudulently
altered licence or permit to obtain firearm
(1)
A person is guilty of an offence under this
section if the person uses a document that is, and that the person knows to
be, false, with the intention of obtaining a firearm.
Maximum penalty: imprisonment for 10
years.
(2)
For the purposes of this section, a document is
false if it purports to be a licence or permit authorising the person who is
using it to possess a firearm but is in fact:
(a)
not a licence or permit, or
(b)
a licence or permit that has been altered in any
respect by a person who was not authorised to make the alteration,
or
(c)
a licence or permit that has been issued to
another person.
s 71A: Ins 2003 No
92, Sch 2 [6].
72Falsifying or altering
records
(1)
A firearms dealer must not, with intent to
deceive, make a false or misleading entry in, or alter, a record required to
be made or kept under section 45.
Maximum penalty: imprisonment for 14 years if the
record relates to a prohibited firearm or pistol (or part of a prohibited
firearm or pistol), or imprisonment for 5 years in any other
case.
(2)
A person must not, with intent to deceive, make a
false or misleading entry in, or alter, any other record required to be made
or kept by or under this Act.
Maximum penalty: 50 penalty units or imprisonment
for 2 years, or both.
s 72: Subst 2001 No
24, Sch 1 [21]. Am 2002 No 47, Sch 2 [15].