Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p45
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 45/169)
Character Range: 1301960–1304589

thing; or
 (b) offer the thing for sale; or
 (c) invite the making of offers to buy the thing; or
 (d) prepare the thing for transfer with the intention of transferring any of it or believing that another person intends to transfer any of it; or
 (e) transport or deliver the thing with the intention of transferring any of it or believing that another person intends to transfer any of it; or
 (f) guard or conceal the thing with the intention of transferring any of it or the intention of assisting another person to transfer any of it; or
 (g) possess the thing with the intention of transferring any of it.
For the purposes of paragraph (d), preparing a thing for transfer includes packaging the thing or separating the thing into discrete units.

361.2  Trafficking prohibited firearms or firearm parts into Australia

Basic offence
 (1) A person commits an offence if:
 (a) the person imports a thing; and
 (b) the thing is a firearm or firearm part; and
 (c) the person imports the firearm or part with the intention of trafficking in the firearm or part; and
 (d) importing the firearm or part was prohibited under the Customs Act 1901:
  (i) absolutely; or
 (ii) unless certain requirements were met; and
 (e) if subparagraph (d)(ii) applies—the person fails to meet any of those requirements.
Penalty: Imprisonment for 20 years or a fine of 5,000 penalty units, or both.

Aggravated offence—importing 50 or more prohibited firearms or firearm parts in 6 month period
 (2) A person commits an offence if:
 (a) the person imports (on one or more occasions) one or more things; and
 (b) the thing is, or the things include, a firearm or firearm part; and
 (c) the person imports each firearm or part with the intention of trafficking in the firearm or part; and
 (d) importing each firearm or part was prohibited under the Customs Act 1901:
 (i) absolutely; or
 (ii) unless certain requirements were met; and
 (e) if subparagraph (d)(ii) applies in relation to an occasion of importation—the person fails to meet any of those requirements; and
 (f) any occasion of importation, or 2 or more occasions taken together, results in the importation by the person of:
 (i) 50 or more firearms; or
 (ii) 50 or more firearm parts; or
 (iii) a combination of firearms and firearm parts such that the sum of the firearms and the firearm parts is 50 or more; and
 (g) if the importation of the firearms or parts mentioned in paragraph (f) resulted from 2 or more occasions of importation taken together—the occasions of importation occurred during a 6 month period.
Penalty: Imprisonment for life or a fine of 7,500 penalty units, or