Part 3Acquisition, supply and transfer of possession of firearms

Part 3—Acquisition, supply and transfer of possession of firearms 22—Trafficking in firearms (1) Subject to this section, a person who acquires a firearm is guilty of an offence unless— (a) the person is authorised to acquire the firearm by a permit under this Part (or under corresponding legislation of another State or Territory of the Commonwealth); and (b) there is compliance with the prescribed process for acquisition of the firearm. (2) If a person acquires a firearm in contravention of subsection (1), the following persons are each guilty of an offence: (a) the person who supplied the firearm; (b) a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of acquisition or supply of the firearm; (c) a person who knowingly provided or arranged finance for a step in the process of acquisition or supply of the firearm; (d) a person who knowingly provided the premises in which a step in the process of acquisition or supply of the firearm was taken, or allowed a step in the process of acquisition or supply of the firearm to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management. (3) Subsection (1) does not apply to the acquisition of a firearm by a licensed dealer in the ordinary course of the dealer's business under the licence. (4) Subsection (1)(b) does not apply to the acquisition of a firearm from a licensed dealer in the ordinary course of the dealer's business under the licence, including the acquisition of a firearm from a licensed dealer as the agent of the owner of the firearm. (5) It is a defence to a charge of an offence under subsection (1) or (2) to prove— (a) that the acquisition was pursuant to— (i) an oral loan or hire agreement, made for the purpose of a business between persons each of whom was engaged in that same business and authorised by a firearms licence to possess the firearm for use in the business, under which the person acquiring the firearm would return the firearm to the owner within 10 days; or (ii) a written loan or hire agreement, made for the purpose of a business between persons each of whom was engaged in that same business and authorised by a firearms licence to possess the firearm for use in the business, under which the person acquiring the firearm would return the firearm to the owner within 28 days; or (b) in the case of a category A, B or H firearm, that— (i) the acquisition was pursuant to— (A) an oral loan or hire agreement made between the owner of the firearm and a licensee under which the licensee would only use the firearm for a purpose specified under the agreement and would return the firearm to the owner within 10 days; or (B) a written loan or hire agreement made between the owner of the firearm and a licensee under which the licensee would only use the firearm for a purpose specified under the agreement and would return the firearm to the owner within 28 days; and (ii) the owner had, immediately before delivering the firearm to the licensee, inspected the person's licence and was satisfied that the person was authorised by the licence to possess the firearm for the agreed purpose; and (iii) the owner had no reason to believe that the licensee would breach the agreement; and (iv) in the case of a written agreement—the owner and the licensee each made and retained a written record relating to the licensee's acquisition of the firearm in accordance with the regulations; or (c) the acquisition was in circumstances prescribed for the purposes of this subsection by the regulations. (6) A person who acquires a firearm pursuant to an oral agreement referred to in subsection (5)(a) or (b) is guilty of an offence if the person does not return it to the owner within 10 days. (a) if the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years; (7) A person who acquires a firearm pursuant to a written agreement referred to in subsection (5)(a) or (b) is guilty of an offence if the person does not return it to the owner within 28 days. (a) if the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years; (8) The regulations may make provision for, or in relation to, the retention, production and inspection of written agreements referred to in subsection (5)(a) and (b). (9) If a firearm is acquired by or from a licensed dealer in the ordinary course of the dealer's business under the licence (including from a licensed dealer as the agent of the owner of the firearm), the licensed dealer is guilty of an offence if the dealer fails to comply with the requirements prescribed by the regulations for the purposes of this subsection. (10) Subject to this section, the maximum penalty for a first offence against subsection (1), (2) or (9) that involves only 1 firearm is as follows: (a) in the case of an aggravated offence— (i) if the firearm is a prescribed firearm, or a category C, D or H firearm—$100 000 or imprisonment for 20 years; (ii) if the firearm is a category A or B firearm—$50 000 or imprisonment for 10 years; (b) in any other case— (i) if the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years; (ii) if the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years; (iii) if the firearm is any other category of firearm—$35 000 or imprisonment for 7 years. (11) Subject to this section, the maximum penalty for— (a) a first offence against subsection (1), (2) or (9) that involves more than 1 firearm; or (b) a subsequent offence against subsection (1), (2) or (9), is imprisonment for 20 years. (12) A person who has not previously been found guilty of an offence against subsection (1), (2) or (9) may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the offence involves a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years. (13) For the purposes of subsections (10), (11) and (12), a previous offence against— (a) the repealed Act; or (b) corresponding legislation in another State or Territory of the Commonwealth (whether committed before or after the commencement of this section), involving the unlawful acquisition or supply of a firearm is to be regarded as a previous offence against subsection (1), (2) or (9). (14) An offence against subsection (2)(a) or (9) is an aggravated offence if it has been proved that the person to whom the firearm was supplied by the defendant was under the age of 18 years. 23—Permits to acquire firearms (1) An application for a permit to acquire a firearm— (2) The Registrar may require an applicant to furnish any information the Registrar requires to determine the application. (3) Subject to this section, the Registrar may only refuse an application for a permit to acquire a firearm if— (a) the applicant has not made the application in accordance with this Act or has not met the requirements of the Registrar in connection with the application; or (b) the applicant does not hold a firearms licence that authorises possession of the firearm; or (c) the Registrar is not satisfied that the applicant is a fit and proper person to acquire the firearm; or (d) the Registrar is not satisfied that the applicant has— (i) a genuine reason to acquire the firearm; and (ii) a genuine need to acquire the firearm that cannot be met by a firearm already in the possession of the applicant; or (e) the Registrar is not satisfied that the applicant, being a licensee, could use the firearm for the purpose authorised by the licence; or (f) the Registrar is not satisfied that the applicant, being a licensee, will comply with or satisfy a condition of the licence or a requirement of this Act relevant to the firearm; or (g) the Registrar is of the opinion that the firearm is particularly dangerous, or is otherwise unsuitable for the purpose for which it is intended to be used, by reason of its design, construction or any other factor; or (h) the Registrar is of the opinion that the firearm could easily be converted to an automatic firearm; or (i) the Registrar is of the opinion that, by reason of the firearm's size or any other factor, the firearm could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use; or (j) the applicant has in the past acquired a firearm that he or she failed to produce to the Registrar for registration in accordance with this Act or the repealed Act; or (k) the applicant has been found guilty of an offence under this Act or the repealed Act; or (l) the Registrar is not satisfied that the applicant meets a requirement prescribed by the regulations. (4) A licence granted to a person in order that the person may possess a firearm for use as an employee in a business carried on by another is not sufficient for the purposes of subsection (3)(b) to justify the granting of a permit to acquire a firearm. (5) For the purposes of subsection (3)(d)(i), a person has a genuine reason to acquire a firearm if the person genuinely intends to possess or use the firearm for a purpose authorised by a licence held by the applicant. (6) A person does not have a genuine reason to acquire a firearm if— (b) the person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose is not authorised by the licence held by the person. (7) Subsection (6) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the acquisition of a firearm. (8) Subsection (3)(d)(ii) does not apply to— (a) a category A firearm; or (b) a firearm that has been rendered unusable in a manner stipulated in the regulations or by the Registrar; or (c) a firearm, or a firearm of a kind, prescribed by the regulations. (9) Subject to subsection (10), an application for a permit must not be granted until at least 28 days have elapsed from the date of the application. (10) An application for a permit may be granted before 28 days have elapsed from the date of the application if— (a) the applicant is the owner of a registered firearm of the same category as the firearm to which the application relates; or (b) the Registrar is satisfied that it is safe to do so and that there are special reasons for doing so. (11) The period for which a permit remains in force must be specified in the permit. 24—Cancellation of permit (1) The Registrar may, by written notice served personally or by registered post on the holder of a permit under this Part, cancel the permit— (a) if the holder of the permit has failed to comply with a provision of this Act; or (b) if satisfied that the holder of the permit obtained the permit improperly; or (c) on any ground on which the Registrar might refuse an application by the holder of the permit for the permit. (2) A notice served on the holder of a permit cancelling the permit under this section must set out the Registrar's reasons for the cancellation. (3) If the Registrar cancels a permit under this section and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section. 25—Transfer of possession of firearms (1) The owner of a firearm may only transfer possession of the firearm to another person— (a) if he or she is selling, giving, lending or hiring the firearm to the other person; or Note— For circumstances in which it is lawful for a person to sell, give, lend or hire a firearm to another person, see section 22. (b) if the other person is a licensed dealer in firearms and possession is transferred— (i) to enable the dealer to repair, modify or test the firearm, or to display the firearm on behalf of the owner for the purpose of sale; or (ii) to the dealer to hold the firearm during a period during which the owner is not entitled to be in possession of the firearm; or (c) in circumstances in which this Act does not apply to the possession or handling of the firearm by the person under section 8(2); or (d) in circumstances authorised by regulation. (2) A person must not accept the transfer of possession of a firearm unless possession is transferred to him or her in circumstances referred to in subsection (1). (3) A person to whom possession of a firearm is transferred in circumstances referred to in subsection (1) who is not the owner of the firearm must not (unless authorised by or under this Act) transfer possession of the firearm to any other person except the owner of the firearm. (4) A person who contravenes a provision of this section is guilty of an offence. (a) if the offence is committed in relation to a prescribed firearm or a category C, D or H firearm—$10 000 or imprisonment for 2 years; (5) The regulations may make provision in relation to what constitutes, or does not constitute, possession of a firearm, or transfer of possession of a firearm, for the purposes of this section, including by prescribing circumstances in which a person will, or will not, be taken to be in possession of, or to have transferred possession of, a firearm. (6) In this section— giving a firearm to a person means transferring ownership of the firearm to the person as a gift.