An Act to amend the Crimes Act 1900 and the Firearms Act 1996 to create additional offences in relation to firearms; and for other purposes.
1 Name of Act
This Act is the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Crimes Act 1900 No 40
The Crimes Act 1900 is amended as set out in Schedule 1.
4 Amendment of Firearms Act 1996 No 46
The Firearms Act 1996 is amended as set out in Schedule 2.
5 Amendment of other legislation
The Act and the regulation specified in Schedule 3 are amended as set out in that Schedule.
Schedule 1 Amendment of Crimes Act 1900
(Section 3)
[1] Section 93F
Omit the section. Insert instead:93F Interpretation(1) In this Part:unregistered firearm means a firearm that is not registered under the Firearms Act 1996.(2) For the purposes of this Part, a person who is in a vehicle or vessel in a public place is taken to be in that place.(3) In subsection (2), vehicle includes a caravan or anything else constructed to be drawn by a vehicle or animal.
[2] Section 93GA
Insert after section 93G:93GA Firing at dwelling-houses or buildings(1) A person who fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 14 years.(2) In the prosecution of an offence under this section, it is not necessary to prove that a person was actually placed in danger by the firing of the firearm.(3) If, on the trial of a person for an offence under this section, 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 section 93G or 93H, it may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H, and the accused is liable to punishment accordingly.
[3] Section 93I
Insert after section 93H:93I Possession of unregistered firearm in public place(1) A person who:(a) possesses an unregistered firearm in a public place, andis liable to imprisonment for 10 years.(b) is not authorised under the Firearms Act 1996 to possess the firearm,(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.(3) For the purposes of subsection (2), an offence under subsection (1) is committed in circumstances of aggravation if the offence involves the possession:(a) of more than one unregistered firearm, or(b) of an unregistered firearm that is a pistol, or(c) of an unregistered firearm that is a prohibited firearm.
[4] Section 154D
Insert after section 154C:154D Stealing firearms(1) A person who steals a firearm is liable to imprisonment for 14 years.(2) In this section:firearm has the same meaning as in the Firearms Act 1996.
Schedule 2 Amendment of Firearms Act 1996
(Section 4)
[1] Section 50AA
Insert after section 50:50AA Purchase 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.
[2] Section 51B Selling firearms on an ongoing basis
Omit “during any period of 30 consecutive days” from section 51B (1).Insert instead “over any consecutive period of 12 months”.
[3] Sections 51BA and 51BB
Insert after section 51B:51BA Restrictions 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.51BB Selling 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, oron 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.(b) of a separate offence under this section,(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, oron 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.(b) of a separate offence under this section,(7) A person who has been:(a) convicted of an offence under section 51BA, oris 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.(b) acquitted of such an offence,(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.
[4] Section 71 Misuse of licences and permits
Omit section 71 (b).
[5] Section 71, note
Insert at the end of the section: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.
[6] Section 71A
Insert after section 71:71A Using 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.
[7] Section 84 Proceedings for offences
Omit section 84 (2). Insert instead:(2) An offence under section 7, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 may be prosecuted on indictment. However, Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made by the prosecution to proceed on indictment) applies to and in respect of an offence referred to in this subsection.
[8] Section 84 (3)
Insert “, 51BB” after “51B”.
[9] Section 87 Evidence
Omit “(or by a person holding an office prescribed by the regulations)”.
[10] Schedule 3 Savings and transitional provisions
Insert after clause 1 (1) (d):(e) the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003, to the extent that it amends this Act.
[11] Schedule 3, Part 6
Insert after Part 5:Part 6 Provisions consequent on enactment of Firearms and Crimes Legislation Amendment (Public Safety) Act 200323 Operation of amendment to section 51BFor the purposes of section 51B (as amended by Schedule 2 [2] to the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003), a consecutive period of 12 months may include a period part of which occurs before the commencement of that amendment so long as that part period does not exceed 30 days.
Schedule 3 Amendment of other legislation
(Section 5)
[1] Section 268 Maximum penalties for Table 2 offences
Omit “or 93H” from section 268 (2) (e). Insert instead “, 93H or 93I”.
[2] Section 268 (2) (e1)
Omit the paragraph. Insert instead:(e1) for an offence under section 7, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 of the Firearms Act 1996—imprisonment for 2 years, or a fine of 50 penalty units, or both,
[3] Schedule 1 Indictable offences triable summarily
Insert “154D,” after “154C,” in clause 9 of Table 1.
[4] Schedule 1, Table 2
Omit “or 93H” from clause 6. Insert instead “, 93H or 93I”.
[5] Schedule 1, Table 2
Omit clause 7. Insert instead:An offence under section 7, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 of the Firearms Act 1996.
[1] Clause 14
Omit the clause. Insert instead:14 Requirement to notify Commissioner of address where firearms are kept(1) The holder of a licence or permit must, within 7 days of acquiring any firearm, notify the Commissioner in writing of:(a) the address of the premises on which the firearm is to be kept when not actually being used, and(b) the particulars of the arrangements that have been made by the licence or permit holder for complying with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm on those premises.Maximum penalty: 50 penalty units.(2) If there is any change in the address of the premises on which the holder of a licence or permit keeps any firearm, the holder of the licence or permit must, within 7 days after the change occurs, notify the Commissioner in writing of:(a) the address of the new premises on which the firearm is to be kept, and(b) the particulars of the arrangements that have been made by the licence or permit holder for complying with the requirements of the Act and this Regulation concerning the safe keeping and storage of the firearm on those premises.Maximum penalty: 50 penalty units.(3) Subclause (2) does not affect any requirement under section 69 of the Act to notify the Commissioner of a change of address in relation to a place of residence.
[2] Clause 107 Certificate evidence
Omit the clause.