Part 7Prohibited practices relating to firearms and ammunition

Part 7—Prohibited practices relating to firearms and ammunition 37—Manufacture of firearms, firearm parts or sound moderators (1) Subject to this section, a person is guilty of an offence if the person manufactures a firearm, firearm part or sound moderator. (2) If a person manufactures a firearm, firearm part or sound moderator in contravention of subsection (1), the following persons are each guilty of an offence: (a) a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of manufacture of the firearm, firearm part or sound moderator; (b) a person who knowingly provided or arranged finance for a step in the process of manufacture of the firearm, firearm part or sound moderator; (c) a person who knowingly provided the premises in which a step in the process of manufacture of the firearm, firearm part or sound moderator was taken, or allowed a step in the process of manufacture of the firearm, firearm part, or sound moderator 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— (a) the manufacture by a person of a firearm or firearm part in accordance with a licence held by the person; or (b) the manufacture by a person of a sound moderator with the written approval of the Registrar, provided the person complies with any limitations or conditions prescribed by the regulations or imposed by the Registrar. (4) It is a defence to a charge of an offence under subsection (1) or (2) to prove that, in the case of a firearm part— (a) the firearm part was for a firearm registered in the name of the person who manufactured the firearm part; or (b) — (i) the firearm part was for a firearm registered in the name of a company of which the person who manufactured the firearm part was an officer or employee; and (ii) the officer or employee was the holder of a licence authorising possession of the firearm; and (iii) the firearm part was manufactured by the officer or employee in the course of his or her duties as an officer or employee of the company. (5) The maximum penalty for an offence under this section is as follows: (a) in the case of a firearm or firearm part— (i) if the firearm is a prescribed firearm or the firearm part is a firearm part for a prescribed firearm—$75 000 or imprisonment for 15 years; (ii) if the firearm is a category C, D or H firearm or the firearm part is a firearm part for a category C, D or H firearm—$50 000 or imprisonment for 10 years; (iii) if the firearm or firearm part is any other kind of firearm or firearm part—$35 000 or imprisonment for 7 years; (b) in the case of a sound moderator—$35 000 or imprisonment for 7 years. (6) A person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the firearm is a prescribed firearm or the firearm part is a firearm part for a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years. (7) For the purposes of this section, a licensed dealer who assembles, from separate, prefabricated parts, a firearm that is designed to be so assembled, or that is designed to be disassembled for the purpose of transport or storage, will not be taken to have manufactured the firearm. 37A—Possession of digital blueprint for firearms etc (1) This section applies to the following items: (a) a firearm; (b) a firearm part; (c) a prohibited firearm accessory; (d) a sound moderator; (e) a restricted firearm mechanism. (2) A person who possesses a digital blueprint for an item to which this section applies is guilty of an offence. (3) Subsection (2) does not apply to a person if— (a) the person is authorised by a licence, or is otherwise permitted under this Act, to manufacture the item that the digital blueprint is for; or (b) the person possesses the digital blueprint for the purposes of official duties connected with— (i) enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth; or (ii) monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth; or (iii) the administration of the justice system. (4) It is a defence to a charge of an offence under subsection (2) to prove that— (a) the defendant did not know, and could not reasonably be expected to have known, that the defendant possessed the digital blueprint; or (b) the digital blueprint came into the defendant's possession unsolicited and the defendant, as soon as they became aware of its nature, took reasonable steps to ensure that the digital blueprint ceased to be in the defendant's possession; or (c) the digital blueprint in the defendant's possession relates to a firearm legally owned or possessed by the defendant; or (d) the possession of the digital blueprint by the defendant— (i) was necessary for, or of assistance in, conducting scientific, medical, educational, military or law enforcement research that has been approved by the Registrar in writing for the purposes of this section; and (ii) did not contravene any conditions of that approval. (5) The maximum penalty for an offence under this section is as follows: (a) in the case of a digital blueprint for a firearm or firearm part— (i) if the blueprint is for a prescribed firearm or a firearm part for a prescribed firearm—$75 000 or imprisonment for 15 years; (ii) if the blueprint is for a category C, D or H firearm or a firearm part for a category C, D or H firearm—$50 000 or imprisonment for 10 years; (iii) if the blueprint is for any other kind of firearm or firearm part—$35 000 or imprisonment for 7 years; (b) in the case of a digital blueprint for a sound moderator, a restricted firearm mechanism or a prohibited firearm accessory—$35 000 or imprisonment for 7 years. (6) A person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the digital blueprint is for a prescribed firearm or a firearm part for a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years. (7) For the purposes of subsection (5), if a firearm part that could be manufactured from a digital blueprint in the possession of a person may, when combined with— (a) 1 or more firearm parts in the possession of the person; or (b) 1 or more firearm parts that could be manufactured from digital blueprints in the possession of the person; or (c) any combination of firearm parts referred to in a preceding paragraph, be assembled into a firearm of a particular kind or category, the digital blueprint will be taken to be for a firearm part for a firearm of that kind or category. (8) If a digital blueprint could be taken to be a digital blueprint for a firearm part for a firearm of more than 1 kind or category pursuant to subsection (7), the digital blueprint will be taken to be a digital blueprint for a firearm part for the kind or category of firearm in relation to which the most serious penalty under subsection (5)(a) would apply. (9) In this section— computer includes a tablet, mobile phone and any other electronic device that is capable of connecting to the internet; digital blueprint, in relation to an item, means— (a) any type of digital or electronic reproduction of a technical drawing; or (b) any electronic coding; or (c) any computer aided design, by the application of which, in combination with a 3D printer, an application of 3D printer technology or an electronic milling machine, the item may be manufactured; possession, in relation to a digital blueprint, includes the following: (a) possession of a computer or data storage device holding or containing the blueprint; (b) possession of a document in which the blueprint is recorded; (c) control of the blueprint— (i) held in a computer or data storage device that is in the possession of another person (whether the computer or data storage device is in this or any other jurisdiction); or (ii) held on a remote computer or remote data storage device (for example, a cloud storage system) that is accessible from a computer or data storage device (whether the remote computer or remote data storage device is in this or any other jurisdiction). 38—Alteration of firearms (1) A person who, without the written approval of the Registrar, alters a firearm that has been rendered unusable so that, as a result of the alteration, the firearm becomes capable of being used as a firearm, is guilty of an offence. (a) if the firearm is a prescribed firearm—$75 000 or imprisonment for 15 years; (b) if the firearm is a category C, D or H firearm—$50 000 or imprisonment for 10 years; (c) if the firearm is any other category of firearm—$35 000 or imprisonment for 7 years. (2) A person who alters a firearm so that, as a result of the alteration, the firearm becomes a firearm of a different category (whether temporarily or permanently), is guilty of an offence unless— (a) the person is authorised by a licence, at the time of the alteration, to possess firearms of the categories to which the firearm belongs both before and after the alteration; and (b) the alteration has been approved by the Registrar or is permitted under regulations made for the purposes of this subsection. (a) if the firearm as altered is a prescribed firearm—$75 000 or imprisonment for 15 years; (b) if the firearm as altered is a category C, D or H firearm—$50 000 or imprisonment for 10 years; (c) if the firearm as altered is any other category of firearm—$35 000 or imprisonment for 7 years. (3) A person who attempts to commit an offence against subsection (1) or (2) is guilty of the offence of attempting to commit that offence. Maximum penalty: $15 000 or imprisonment for 4 years. 39—Possession etc of sound moderator and certain parts of firearms (1) A person who, without the written approval of the Registrar, acquires, owns or has possession of— (a) a sound moderator; or (b) a restricted firearm mechanism, is guilty of an offence. (2) Subject to this section, the maximum penalty for an offence under subsection (1) is $10 000 or imprisonment for 2 years. (3) The maximum penalty for an aggravated offence under subsection (1) is $75 000 or imprisonment for 15 years. (4) An offence under subsection (1) is an aggravated offence if it has been proved that— (a) the sound moderator or restricted firearm mechanism to which the offence relates was fitted to a firearm; or (b) the offender had physical possession or control of the sound moderator or restricted firearm mechanism together with a firearm to which the sound moderator or restricted firearm mechanism could be fitted. (5) The Registrar may only grant approval for a person to acquire, own or possess a sound moderator if the Registrar is satisfied— (a) that— (i) the person intends to possess or use the sound moderator for the purpose of culling or destroying animals on Crown land in accordance with a contract or agreement with an agency or instrumentality of the Crown and the person genuinely requires the use of the sound moderator in order to fulfil his or her obligations under the contract; and (ii) there is a genuine need by the agency or instrumentality of the Crown for the person to use the sound moderator for the purposes of the contract; and (iii) there is no reasonable alternative to the use of the sound moderator by the person for the purpose, or in the circumstances, for which the approval is to be given; or (b) that— (i) the person is the operator or employee of a pest control business who intends to possess or use the sound moderator in the course of that business for the purpose of culling or destroying animals in a built‑up urban environment; and (ii) use of the sound moderator by the person is genuinely required in order to avoid disturbing the peace; and (iii) there is no reasonable alternative to the use of the sound moderator by the person for the purpose, or in the circumstances, for which the approval is to be given; or (c) that the person is a licensed dealer who intends to possess the sound moderator for the purpose of selling or hiring out the sound moderator in the ordinary course of the dealer's business to a person who holds a written approval of the Registrar under this section to acquire, own or possess the sound moderator. (6) The purpose for which, or the circumstances in which, a sound moderator or restricted firearm mechanism may be possessed or used by a person pursuant to an approval under subsection (1) must be specified by the Registrar in writing at the time the approval is granted. (7) An approval under this section must also specify the circumstances under which the approval will cease to have effect for the purposes of this section. (8) If a person who is approved by the Registrar to acquire, own or possess a sound moderator or restricted firearm mechanism under subsection (1) possesses or uses the sound moderator or restricted firearm mechanism for a purpose or in circumstances other than as specified by the Registrar for the purposes of the approval, the person is guilty of an offence. Maximum penalty: $75 000 or imprisonment for 15 years. (9) A person may, at the discretion of the prosecutor, be prosecuted for a summary offence against subsection (8) but on conviction of a summary offence under that subsection the maximum penalty is $10 000 or imprisonment for 2 years. (10) A person who is approved by the Registrar under subsection (1) to have possession of a sound moderator must, within 14 days of coming into possession of a sound moderator in accordance with the approval, produce the sound moderator to a police officer with an identifying mark that complies with the requirements of the Registrar. Maximum penalty: $20 000 or imprisonment for 4 years. (11) Subsection (10) does not apply in relation to a sound moderator that is in the possession of a licensed dealer for the purpose of sale in the ordinary course of the dealer's business. (12) A person who is in the possession of a sound moderator is not required to produce it to a police officer under subsection (10) if the sound moderator is hired by the person from a licensed dealer and it has an identifying mark as required by that subsection. (13) A person must not deface, alter or remove the identifying mark of a sound moderator without the authority of the Registrar. (14) The regulations may make further provision in relation to the grant, variation and cancellation of, and the imposition of conditions or limitations on, approvals under this section. 40—Possession etc of prohibited firearm accessory (1) A person who acquires, owns or has possession of a prohibited firearm accessory is guilty of an offence. (2) Subject to this section, the maximum penalty for an offence under this section is $10 000 or imprisonment for 2 years. (3) The maximum penalty for an aggravated offence under this section is $75 000 or imprisonment for 15 years. (4) An offence under this section consisting of possession of a prohibited firearm accessory is an aggravated offence if it has been proved that— (a) the accessory to which the offence relates was fitted to a firearm; or (b) the offender had physical possession or control of the accessory together with a firearm to which the accessory could be fitted or in conjunction with which the accessory could be used. 41—Assembly of ammunition (1) Subject to this section, a person is guilty of an offence if the person assembles ammunition. (2) If a person assembles ammunition in contravention of subsection (1), the following persons are each guilty of an offence: (a) a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of assembly of the ammunition; (b) a person who knowingly provided or arranged finance for a step in the process of assembly of the ammunition; (c) a person who knowingly provided the premises in which a step in the process of assembly of the ammunition was taken, or allowed a step in the process of assembly of the ammunition 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 assembly of ammunition— (a) by a licensee for use— (i) by the licensee in a firearm lawfully in the possession of the licensee in circumstances in which the licensee is authorised under this Act to use the firearm; or (ii) by another licensee in a firearm lawfully in the possession of the other licensee in circumstances in which the other licensee is authorised under this Act to use the firearm; or (iii) by another person in a firearm in circumstances in which the other person is authorised under this Act to use the firearm but not required by this Act to hold a firearms licence; or (b) by a person for use by the person in a firearm in circumstances in which the person is authorised under this Act to use the firearm but not required by this Act to hold a firearms licence; or (c) by a person, or a person of a class, or in circumstances, prescribed by the regulations, unless the ammunition is assembled— (d) for the purpose of supply to a person who is not permitted to possess or acquire the ammunition under this Act; or (e) by a person excluded, or of a class of persons excluded, from the operation of this subsection by the regulations. (4) In proceedings for an offence under this section, the onus is on the defendant to prove that the person who assembled the ammunition was entitled to do so under subsection (3). (5) The maximum penalty for an offence under this section is $20 000 or imprisonment for 4 years. (6) A person may, at the discretion of the prosecutor, be prosecuted for a summary offence, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years. assemble ammunition means combine a cartridge case and at least 1 other component of ammunition into a single article that is suitable for use in a firearm. 42—Handling firearms when under influence of intoxicating liquor or drug (1) A person who handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm is guilty of an offence if— (a) a round is in the breech, barrel or chamber or the magazine of the firearm; or (b) the person has physical possession or control of ammunition that can be used in the firearm. (2) A person who delivers a firearm into the physical possession or control of another who is so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm is guilty of an offence if— (a) a round is in the breech, barrel or chamber or the magazine of the firearm; or (b) the person delivers ammunition that can be used in the firearm into the physical possession or control of the other person or the other person has or can readily obtain physical possession or control of ammunition that can be used in the firearm. (3) Without limiting subsection (1) or (2), a person is incapable of exercising effective control of a firearm if, owing to the influence of intoxicating liquor or a drug, the use of any mental or physical faculty of that person is lost or appreciably impaired. (4) The regulations may empower police officers to conduct alcohol and drug testing of persons in possession of firearms and create evidentiary presumptions relating to the tests and their results.