79Unlawfully disposing of arms etc.

79  Unlawfully disposing of arms etc.  (1) Any person who:  (a) unlawfully disposes of or removes or  (b) fails to deliver up when lawfully required so to do or  (c) has in his or her possession; any arms accoutrements or other naval, military or air‑force articles belonging to the Commonwealth or to any corps, unit or station, shall be liable to a penalty not exceeding $40, and may be ordered by the Court by which he or she is tried to be imprisoned for a period not exceeding 3 months unless in the meantime he or she delivers up the article or pays its value.  (1AA) An offence under subsection (1) is an offence of strict liability.  (1AB) Paragraph (1)(c) does not apply if the person proves that he or she had lawful cause for possessing the thing in question. Note: The defendant bears a legal burden in relation to the matter in subsection (1AB). See section 13.4 of the Criminal Code.  (1A) In any prosecution under this section for failure to deliver up when lawfully required so to do any arms, accoutrements or other naval, military or air‑force articles belonging to the Commonwealth or to any corps, unit or station:  (a) if it is proved to the satisfaction of the Court that any such article was in the possession of the defendant at any time prior to the time at which he or she was required to deliver up the article, he or she shall be deemed, in the absence of proof by him or her of the lawful disposal of the article, to have continued in possession of the article up to the time when he or she was required to deliver up the article; and  (b) inability to deliver up the article shall not be a defence unless the defendant proves to the satisfaction of the Court that such inability did not arise from any negligence or wrongful act or omission on his or her part. Note: The defendant bears a legal burden in relation to the matter in paragraph (1A)(b). See section 13.4 of the Criminal Code.  (2) When an order has been made under this section the Court may by warrant in writing authorize any member or special member of the Australian Federal Police or member of the Police Force of a State or Territory to take possession of the article and to deliver it to an officer or as the Court thinks fit to direct.  (3) Any member or special member of the Australian Federal Police or member of the Police Force of a State or Territory having any warrant under this section may in the day time enter any building, premises, or place where the article is or is supposed to be, and may break open any part of the building, premises, or place, or any chest, receptacle, or thing therein, and may seize or take possession of the article and deliver it in accordance with the warrant.