sec.50BUnlawful supply of weapons

### sec.50B Unlawful supply of weapons A person must not unlawfully supply a weapon to another person. Maximum penalty— if the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—1,000 penalty units or 20 years imprisonment; or if paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—750 penalty units or 15 years imprisonment; or if paragraphs (a) and (b) do not apply— for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or for a category C or E weapon—600 penalty units or 12 years imprisonment; or for a category A, B, or M weapon—500 penalty units or 10 years imprisonment. Minimum penalty— for an offence, committed by an adult, to which paragraph (a) applies, if at least 1 of the weapons unlawfully supplied is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapons—3 years imprisonment served wholly in a corrective services facility; or for an offence, committed by an adult, to which paragraph (c) (i) applies, if the weapon is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapon—2 1 / 2 years imprisonment served wholly in a corrective services facility. For the purpose of subsection (1) , penalty, paragraph (d) or (e) , but without limiting those provisions, it is a reasonable excuse to unlawfully supply the weapon if— a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and the person would have been authorised under this Act to supply the weapon at the time of the offence if the licence was still in force at that time; and it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act. A person does not contravene subsection (1) if the person to whom the weapon is supplied— is authorised under a licence to possess weapons of the same category as the weapon supplied; or is authorised to possess the weapon under section 52 , 53 , 54 (2) , 55 , 55A , 70 or 116 . If subsection (1) does not apply because subsection (2) (a) applies, the person disposing of the weapon may contravene section 36 (Sale or disposal of weapons). The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions. s 50B ins 2003 No. 37 s 30 amd 2012 No. 40 s 16 ; 2016 No. 62 s 479 ; 2026 No. 4 s 67 (sec.50B-ssec.1) A person must not unlawfully supply a weapon to another person. Maximum penalty— if the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—1,000 penalty units or 20 years imprisonment; or if paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—750 penalty units or 15 years imprisonment; or if paragraphs (a) and (b) do not apply— for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or for a category C or E weapon—600 penalty units or 12 years imprisonment; or for a category A, B, or M weapon—500 penalty units or 10 years imprisonment. Minimum penalty— for an offence, committed by an adult, to which paragraph (a) applies, if at least 1 of the weapons unlawfully supplied is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapons—3 years imprisonment served wholly in a corrective services facility; or for an offence, committed by an adult, to which paragraph (c) (i) applies, if the weapon is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapon—2 1 / 2 years imprisonment served wholly in a corrective services facility. (sec.50B-ssec.1A) For the purpose of subsection (1) , penalty, paragraph (d) or (e) , but without limiting those provisions, it is a reasonable excuse to unlawfully supply the weapon if— a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and the person would have been authorised under this Act to supply the weapon at the time of the offence if the licence was still in force at that time; and it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act. (sec.50B-ssec.2) A person does not contravene subsection (1) if the person to whom the weapon is supplied— is authorised under a licence to possess weapons of the same category as the weapon supplied; or is authorised to possess the weapon under section 52 , 53 , 54 (2) , 55 , 55A , 70 or 116 . If subsection (1) does not apply because subsection (2) (a) applies, the person disposing of the weapon may contravene section 36 (Sale or disposal of weapons). (sec.50B-ssec.3) The Penalties and Sentences Act 1992 , section 161Q also states a circumstance of aggravation for an offence against this section. (sec.50B-ssec.4) An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992 , section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions. - (a) if the person unlawfully supplies 5 or more weapons at least 1 of which is a category D, E, H or R weapon—1,000 penalty units or 20 years imprisonment; or - (b) if paragraph (a) does not apply and the person unlawfully supplies 5 or more weapons—750 penalty units or 15 years imprisonment; or - (c) if paragraphs (a) and (b) do not apply— (i) for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or (ii) for a category C or E weapon—600 penalty units or 12 years imprisonment; or (iii) for a category A, B, or M weapon—500 penalty units or 10 years imprisonment. - (i) for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or - (ii) for a category C or E weapon—600 penalty units or 12 years imprisonment; or - (iii) for a category A, B, or M weapon—500 penalty units or 10 years imprisonment. - (i) for a category D, H or R weapon—750 penalty units or 15 years imprisonment; or - (ii) for a category C or E weapon—600 penalty units or 12 years imprisonment; or - (iii) for a category A, B, or M weapon—500 penalty units or 10 years imprisonment. - (d) for an offence, committed by an adult, to which paragraph (a) applies, if at least 1 of the weapons unlawfully supplied is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapons—3 years imprisonment served wholly in a corrective services facility; or - (e) for an offence, committed by an adult, to which paragraph (c) (i) applies, if the weapon is a short firearm and the person does not have a reasonable excuse for unlawfully supplying the weapon—2 1 / 2 years imprisonment served wholly in a corrective services facility. - (a) a licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and - (b) the person would have been authorised under this Act to supply the weapon at the time of the offence if the licence was still in force at that time; and - (c) it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act. - (a) is authorised under a licence to possess weapons of the same category as the weapon supplied; or - (b) is authorised to possess the weapon under section 52 , 53 , 54 (2) , 55 , 55A , 70 or 116 .