Section 212 - Combatting Antisemitism, Hate and Extremism (Firearms and Customs Laws) Act 2026 - After Subdivision HA of Division 474 of the Criminal Code | Zoe
212 After Subdivision HA of Division 474 of the Criminal Code
Subdivision HB—Offences relating to use of carriage service for firearms and explosives manufacture material
474.45F Meaning of firearms and explosives manufacture material
(1) Firearms and explosives manufacture material is material that:
(a) provides instructions on the manufacture or modification of:
(i) a firearm, firearm accessory, firearm part or firearm magazine; or
(ii) an explosive or other lethal device; or
(b) supports or facilitates the manufacture or modification of:
(i) a firearm, firearm accessory, firearm part or firearm magazine; or
(ii) an explosive or other lethal device.
(2) To avoid doubt, material may be intended to do a thing covered by paragraph (1)(a) or (b) even if the material is also intended, or mainly intended, to do one or more other things.
(3) Material is also firearms and explosives manufacture material if:
(a) it is reasonable to consider the material together with other material; and
(b) were all of the material to be taken to be a single item of material, it would constitute firearms and explosives manufacture material under subsection (1).
(4) To avoid doubt, material may be firearms and explosives manufacture material even if it would not be possible to use the material to manufacture or modify:
(a) a functional firearm, functional firearm accessory, functional firearm part or functional firearm magazine; or
(b) a functional explosive or other lethal device.
Other definitions
(5) In this Subdivision:
explosive or other lethal device has the same meaning as in the Convention referred to in section 72.1.
firearm has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
firearm accessory has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
firearm magazine has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
firearm part has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
474.45G Using a carriage service for firearms and explosives manufacture material
(1) A person (the first person) commits an offence if:
(a) the first person:
(i) accesses material; or
(ii) causes material, or an electronic link that can be used to access material, to be transmitted to the first person or another person; or
(iii) transmits, makes available, publishes, distributes, advertises, or promotes, material or an electronic link that can be used to access material; or
(iv) solicits material or an electronic link that can be used to access material; and
(b) the first person does so using a carriage service; and
(c) the material is firearms and explosives manufacture material.
Penalty: Imprisonment for 5 years.
(2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
(a) intention is the fault element for the conduct referred to in paragraph (1)(a);
(b) recklessness is the fault element for the circumstance referred to in paragraph (1)(c).
(3) Absolute liability applies to paragraph (1)(b).
474.45H Possessing or controlling firearms and explosives manufacture material obtained or accessed using a carriage service
(1) A person commits an offence if:
(a) the person has possession or control of material; and
(b) the material is in the form of data held in a computer or contained in a data storage device; and
(c) the person used a carriage service to obtain or access the material; and
(d) the material is firearms and explosives manufacture material.
Penalty: Imprisonment for 5 years.
(2) To avoid doubt, the following are the fault elements for the physical elements of an offence against subsection (1):
(a) intention is the fault element for the conduct referred to in paragraph (1)(a);
(b) recklessness is the fault element for the circumstance referred to in paragraph (1)(d).
(3) Strict liability applies to paragraph (1)(b).
(4) Absolute liability applies to paragraph (1)(c).
(5) If the prosecution proves beyond reasonable doubt the matters mentioned in paragraphs (1)(a), (b) and (d), then it is presumed, unless the person proves to the contrary, that the person:
(a) obtained or accessed the material; and
(b) used a carriage service to obtain or access the material.
Note: A defendant bears a legal burden in relation to the matters in this subsection: see section 13.4.
474.45J Defences in respect of firearms and explosives manufacture material
State or Territory licences or permits
(1) Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:
(a) either:
(i) the person (the business owner) carries on a business in relation to firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; or
(ii) the person performs work for such a business; and
(b) the business owner holds a licence or permit (however described):
(i) that was granted by a State or a Territory or an authority of a State or a Territory; and
(ii) that authorises the manufacture, repair, maintenance or modification of those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
(iii) that is in force; and
(c) the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
(d) the conduct is in connection with the carrying on of that business.
(2) Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:
(a) the person holds a licence or permit (however described):
(i) that was granted by a State or a Territory or an authority of a State or a Territory; and
(ii) that authorises the manufacture, repair, maintenance or modification of firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
(iii) that is in force; and
(b) the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices.
Other exceptions
(3) Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct in relation to material if:
(a) the conduct is necessary for enforcing a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(b) the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:
(i) the Commonwealth; or
(ii) a State; or
(iii) a Territory; or
(iv) a foreign country; or
(v) a part of a foreign country; or
(c) the conduct is for the purposes of proceedings in a court or tribunal; or
(d) both:
(i) the conduct is necessary for, or of assistance in, conducting scientific, academic or historical research; and
(ii) the conduct is reasonable in the circumstances for the purpose of conducting that scientific, academic or historical research; or
(e) both:
(i) the conduct is in connection with the performance by a public official of the official’s duties or functions; and
(ii) the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
(f) both:
(i) the conduct is in connection with an individual assisting a public official in relation to the performance of the public official’s duties or functions; and
(ii) the conduct is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official’s duties or functions.
Functions
(4) The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.