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Firearms Act 1996
220Offences—trafficking firearms
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220 Offences—trafficking firearms
(1) A person commits an offence if the person contravenes a relevant
provision on 3 or more separate occasions over a 12-month period.
Maximum penalty: imprisonment for 20 years.
(2) If, on the trial of a person for an offence against subsection (1), more
than 3 occasions are relied on as evidence of the commission of the
offence, the trier of fact must be satisfied as to the same 3 occasions
in order to find the person guilty of the offence.
During a 12-month period starting in January, Jonah sells 7 unregistered firearms
as follows:
• on 8 January Adam and Beth each buy an unregistered firearm from Jonah
(2 occasions);
• on 14 June Jonah sells 3 unregistered firearms to Cate in a single transaction
(1 occasion);
• on both 5 and 16 December Jonah sells an unregistered firearm to David
(2 occasions).
None of the people involved in the transactions are licensed firearms dealers or
authorised by a licence or permit to possess the firearms the subject of the
transactions.
Evidence of these transactions forms the basis of 5 separate offences against
section 226. Jonah is charged with 1 offence against section 220 (1). In order for
Jonah to be convicted of the offence, the trier of fact must be satisfied that Jonah
contravened section 226 on at least 3 of the occasions, and be satisfied as to the
same 3 occasions.
(3) If, on the trial of a person for an offence against subsection (1), the
trier of fact is not satisfied that the offence is proven, but is satisfied
that the person, in relation to an occasion relied on as evidence of
commission of the offence against subsection (1), committed an
offence against a relevant provision, the trier of fact may acquit the
person of the offence charged and find the person guilty of the offence
against the relevant provision.
(4) To remove any doubt, a person may not be tried for an offence against
subsection (1) in relation to the contravention of a relevant provision
on an occasion if the person has been convicted or acquitted of the
contravention.
(5) A person commits an offence if the person—
(a) contravenes a relevant provision; and
(b) the contravention is the acquisition or disposal of 4 or more
firearms on the same occasion.
Maximum penalty: imprisonment for 20 years.
(6) In this section:
relevant provision means—
(a) section 177 (1) (Offence—unregistered firearms); or
(b) section 226 (Offence—unlawful disposal of firearms); or
(c) section 227 (Offence—unlawful acquisition of firearms).