New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Insert after section 50:
50AA Purchase of firearm parts(1) A person must not purchase a firearm part unless the person:(a) is the holder of a licence or permit for the kind of firearm to which the firearm part relates, or(b) is authorised by a permit to purchase the firearm part.Maximum penalty: imprisonment for 5 years.(2) A person must not purchase a firearm part that relates to any kind of prohibited firearm or pistol unless the person:(a) is the holder of a licence or permit for that kind of prohibited firearm or pistol, or(b) is authorised by a permit to purchase the firearm part.Maximum penalty: imprisonment for 10 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 but is satisfied on the evidence that the person is guilty of an offence under subsection (1), it may find the person not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.
Omit "during any period
of 30 consecutive days" from section 51B (1).
Insert instead "over any consecutive period of 12 months".
Insert after section 51B:
51BA Restrictions on sale of firearm parts(1) A person ( "the seller") must not sell, or knowingly take part in the sale of, a firearm part to another person ( "the purchaser") unless:(a) the seller is authorised by a licence or permit to sell the firearm part, and(b) the purchaser is the holder of a licence or permit for the kind of firearm to which the firearm part relates, and(c) the purchaser's licence or permit has been produced to, and inspected by, the seller.Maximum penalty: imprisonment for 5 years.(2) A person ( "the seller") must not sell, or knowingly take part in the sale of, a firearm part to another person ( "the purchaser"), being a firearm part that solely relates to any kind of prohibited firearm or pistol, unless:(a) the seller is authorised by a licence or permit to sell the firearm part, and(b) the purchaser is the holder of a licence or permit for that kind of prohibited firearm or pistol, and(c) the purchaser's licence or permit has been produced to, and inspected by, the seller.Maximum penalty: imprisonment for 10 years.(3) For the purposes of this section, a person "takes part in" the sale of a firearm part if:(a) the person takes, or participates in, any step, or causes any step to be taken, in the process of that sale, or(b) the person provides or arranges finance for any step in that process, or(c) the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.(4) 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 but is satisfied on the evidence that the person is guilty of an offence under subsection (1), it may find the person not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.
51BB Selling firearm parts on an ongoing basis(1) A person must not contravene section 51BA on 3 or more separate occasions over any consecutive period of 12 months.Maximum penalty: imprisonment for 20 years.(2) For the purposes of this section, the sale of more than one firearm part to any person on a single occasion does not, in itself, constitute more than one occasion.(3) If, on the trial of a person for an offence under this section, more than 3 occasions of selling a firearm part are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.(4) If, on the trial of a person for an offence under this section, the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of commission of the offence under this section, committed an offence under section 51BA, the jury may acquit the person of the offence charged and find the person guilty of an offence under section 51BA, and the person is liable to punishment accordingly.(5) A person who has been convicted of an offence under this section is not liable to be convicted:(a) of an offence under section 51BA, or(b) of a separate offence under this section,on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.(6) A person who has been acquitted of an offence under this section is not liable to be convicted:(a) except as provided by subsection (4)--of an offence under section 51BA, or(b) of a separate offence under this section,on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.(7) A person who has been:(a) convicted of an offence under section 51BA, or(b) acquitted of such an offence,is not liable to be convicted of an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the offence under section 51BA.(8) Subject to subsections (5) and (6), this section does not:(a) remove the liability of any person to be convicted of an offence under section 51BA, or(b) affect the punishment that may be imposed for any such offence.
Omit section 71 (b).
Insert at the end of the section:
Note: It is an offence under section 300 (1) of the Crimes Act 1900 to make a false instrument (such as a forged or fraudulently altered firearms licence) with the intention that it will be used by somebody to induce another person to accept it as genuine and (because of that acceptance) to do (or not do) some act to that other person's prejudice. The penalty for such an offence is imprisonment for 10 years.
Insert after section 71:
71A Using forged or fraudulently altered licence or permit to obtain firearm(1) A person is guilty of an offence under this section if the person uses a document that is, and that the person knows to be, false, with the intention of obtaining a firearm.Maximum penalty: imprisonment for 10 years.(2) For the purposes of this section, a document is false if it purports to be a licence or permit authorising the person who is using it to possess a firearm but is in fact:(a) not a licence or permit, or(b) a licence or permit that has been altered in any respect by a person who was not authorised to make the alteration, or(c) a licence or permit that has been issued to another person.
Omit section 84 (2). Insert instead:
(2) An offence under section 7, 36, 43, 44A, 50, 50AA, 50A (1), 51 (1) or (2), 51A, 51BA, 51D (1), 51E, 58 (2), 62, 63, 64, 66, 70, 71A, 72 (1) or 74 may be prosecuted on indictment. However, Chapter 5 of the Criminal Procedure Act 1986 (which relates to the summary disposal of certain indictable offences unless an election is made by the prosecution to proceed on indictment) applies to and in respect of an offence referred to in this subsection.
Insert ", 51BB" after "51B".
Omit "(or by a person holding an office prescribed by the regulations)".
Insert after clause 1 (1) (d):
(e) the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 , to the extent that it amends this Act.
Insert after Part 5:
23 Operation of amendment to section 51B For the purposes of section 51B (as amended by Schedule 2 [2] to the Firearms and Crimes Legislation Amendment (Public Safety) Act 2003 ), a consecutive period of 12 months may include a period part of which occurs before the commencement of that amendment so long as that part period does not exceed 30 days.