Document ID: chunk:federal_register_of_legislation:F2016L00619:reg:28
Version: federal_register_of_legislation:F2016L00619
Segment Type: reg
Provision Reference: reg 28
Character Range: 27544–29178

28  Use etc. of firearms, nets and other devices
 (1) A person must not use or possess, on Aboriginal Land:
 (a) a firearm, whether or not it has been temporarily disabled; or
 (b) a flail or spear; or
 (c) a snare or trap; or
 (d) a hunting‑bow, spear gun or any other device designed to discharge a projectile; or
 (e) a device for detecting minerals or metal; or
 (f) explosives; or
 (g) a chainsaw; or
 (h) any device that can be used, or is designed, for taking an animal, other than a hook and line for catching fish or a hand‑held net designed to land a fish caught on a hook and line.
 (2) However, subsection (1) does not apply to the use or possession of the item by a person to carry out commercial fishing operations that are authorised by a law of the Commonwealth, a State or self‑governing Territory.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2), see subsection 13.3(3) of the Criminal Code.
 (3) Also:
 (a) paragraph (1)(a) does not apply to a person acting as a police officer; and
 (b) paragraph (1)(g) does not apply to:
 (i) a person who carries or has control of a chainsaw in a vehicle, vessel or aircraft in passage through Aboriginal Land if the chainsaw is not removed from the vehicle, vessel or aircraft; or
 (ii) a person who is clearing fallen timber from a road or track that the person is permitted to use; or
 (iii) the possession or use of a chainsaw in a township.
Note: A defendant bears an evidential burden in relation to the matters in subsection (3), see subsection 13.3(3) of the Criminal Code.
 (4) A contravention of subsection (1) is an offence.