NSWIn ForceAct
Weapons Prohibition Act 1998
23ARestrictions on sale of prohibited weapons
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#### 23A Restrictions on sale of prohibited weapons
23A Restrictions on sale of prohibited weapons
> > (1) Prohibited weapons generally A person (the seller) must not sell a prohibited weapon to another person (the buyer) unless—
> >
> > > (a) the buyer is authorised to possess the weapon by a permit, and
> >
> > > (b) the seller—
> > >
> > > > (i) has seen the buyer’s permit, or
> > >
> > > > (ii) knows that the buyer is an authorised weapons dealer or authorised theatrical weapons armourer.
> >
> > Maximum penalty—imprisonment for 14 years.
>
> > (2) Military-style weapons A person (the seller) must not sell a military-style weapon to another person (the buyer) unless—
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> > > (a) the buyer is authorised to possess the weapon by a permit, and
> >
> > > (b) the seller—
> > >
> > > > (i) has seen the buyer’s permit, or
> > >
> > > > (ii) knows that the buyer is an authorised weapons dealer or authorised theatrical weapons armourer.
> >
> > Maximum penalty—imprisonment for 20 years.
>
> > (3) If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.
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> **s 23A:** Ins 2010 No 40, Sch 1 \[21\].