New South Wales Repealed Acts

This legislation has been repealed.

FIREARMS AND CRIMES LEGISLATION AMENDMENT (PUBLIC SAFETY) ACT 2003 - SCHEDULE 1

SCHEDULE 1 – Amendment of Crimes Act 1900

(Section 3)

[1] Section 93F

Omit the section. Insert instead:

93F Interpretation

(1) In this Part:
"firearm", "pistol" and "prohibited firearm" have the same meanings as in the Firearms Act 1996 .
"unregistered firearm" means a firearm that is not registered under the Firearms Act 1996 .

(2) For the purposes of this Part, a person who is in a vehicle or vessel in a public place is taken to be in that place.

(3) In subsection (2), "vehicle" includes a caravan or anything else constructed to be drawn by a vehicle or animal.

[2] Section 93GA

Insert after section 93G:

93GA Firing at dwelling-houses or buildings

(1) A person who fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 14 years.

(2) In the prosecution of an offence under this section, it is not necessary to prove that a person was actually placed in danger by the firing of the firearm.

(3) If, on the trial of a person for an offence under this section, the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under section 93G or 93H, it may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H, and the accused is liable to punishment accordingly.

[3] Section 93I

Insert after section 93H:

93I Possession of unregistered firearm in public place

(1) A person who:

(a) possesses an unregistered firearm in a public place, and

(b) is not authorised under the Firearms Act 1996 to possess the firearm,

is liable to imprisonment for 10 years.

(2) A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.

(3) For the purposes of subsection (2), an offence under subsection (1) is committed in "circumstances of aggravation" if the offence involves the possession:

(a) of more than one unregistered firearm, or

(b) of an unregistered firearm that is a pistol, or

(c) of an unregistered firearm that is a prohibited firearm.

[4] Section 154D

Insert after section 154C:

154D Stealing firearms

(1) A person who steals a firearm is liable to imprisonment for 14 years.

(2) In this section:
"firearm" has the same meaning as in the Firearms Act 1996 .