Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p47
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 47/169)
Character Range: 1306804–1309465

of firearms and firearm parts such that the sum of the firearms and the firearm parts is 50 or more; and
 (g) if the exportation or entry for export of the firearms or parts mentioned in paragraph (f) resulted from 2 or more occasions of exportation or entry for export taken together—the occasions of exportation or entry occurred during a 6 month period.
Penalty: Imprisonment for life or a fine of 7,500 penalty units, or both.

Provisions relating to basic offence and aggravated offence
 (3) Absolute liability applies to paragraphs (1)(d) and (2)(d) and (g).
Note: For absolute liability, see section 6.2.
 (4) Strict liability applies to paragraphs (1)(e) and (2)(e) and (f).
Note: For strict liability, see section 6.1.
 (5) To avoid doubt, it is immaterial for the purposes of paragraphs (2)(b) and (f) whether the firearms or firearm parts are of the same kind.

361.4  Defence—reasonable belief that conduct is justified or excused by or under a law
  A person is not criminally responsible for an offence against this Division if:
 (a) at the time of the conduct constituting the offence, the person was under a mistaken but reasonable belief that the conduct was justified or excused by or under a law of the Commonwealth or of a State or Territory; and
 (b) had the conduct been so justified or excused—the conduct would not have constituted the offence.
Note: A defendant bears an evidential burden in relation to the matter in paragraph (a) (see subsection 13.3(3)).

361.5  Minimum penalties
 (1) Subject to subsections (2) and (3), the court must impose a sentence of imprisonment of at least 5 years for a person convicted of an offence against this Division.

People aged under 18
 (2) Subsection (1) does not apply to a person who was aged under 18 years when the offence was committed.

Reduction of minimum penalty
 (3) A court may impose a sentence of imprisonment of less than the period specified in subsection (1) only if the court considers it appropriate to reduce the sentence because of either or both of the following:
 (a) the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914, the person pleading guilty;
 (b) the court is taking into account, under paragraph 16A(2)(h) of that Act, the person having cooperated with law enforcement agencies in the investigation of the offence.
 (4) If a court may reduce a sentence, the court may reduce the sentence as follows:
 (a) if the court is taking into account, under paragraph 16A(2)(g) of the Crimes Act 1914, the person pleading guilty—by an amount that is up to 25% of the period specified in subsection (1);
 (b) if the court is taking into account,