Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p41
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 41/169)
Character Range: 1292263–1294883

whether the conduct referred to in paragraph (1)(a) or (2)(a) constitutes the underlying offence, any defences or special liability provisions (however described) that apply in relation to the underlying offence have effect; and
 (b) a person may be convicted of an offence against subsection (1) or (2) even if the person has not been convicted of the underlying offence; and
 (c) for the purposes of subsection (2)—it is immaterial whether:
 (i) the underlying offence is the same on each occasion; or
 (ii) the conduct constituting the underlying offence is the same on each occasion; or
 (iii) the firearms or firearm parts to which the conduct relates are of the same kind.
 (2C) Absolute liability applies to paragraphs (1)(b) and (c) and (2)(b), (c) and (e).
Note: For absolute liability, see section 6.2.
 (2D) Strict liability applies to paragraph (2)(d).
Note: For strict liability, see section 6.1.

Definitions
 (3) In this section:
firearm means a firearm within the meaning of the firearm law concerned.
firearm law means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.
firearm part means either of the following within the meaning of the firearm law concerned:
 (a) a firearm part;
 (b) a part of, or for, a firearm or weapon.

360.3  Taking or sending a firearm or firearm part across borders

Basic offence
 (1) A person commits an offence if:
 (a) the person takes or sends a thing from one State or Territory to another State or Territory; and
 (aa) the thing is a firearm or firearm part; and
 (ab) the person does so in the course of trade or commerce:
 (i) among the States; or
 (ii) between a State and a Territory, or between 2 Territories; and
 (b) the person does so intending that the firearm or firearm part will be disposed of in the other State or Territory (whether by the person or another); and
 (c) the person knows that, or is reckless as to whether:
 (i) the disposal of the firearm or firearm part; or
 (ii) any acquisition of the firearm or firearm part that results from the disposal;
  would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory.
Penalty: Imprisonment for 20 years or a fine of 5,000 penalty units, or both.

Aggravated offence—taking or sending 50 or more firearms or firearm parts in 6 month period
 (1A) A person commits an offence if:
 (a) the person takes or sends (on one or more occasions) one or more things from one State or Territory to another State or Territory; and
 (b) the thing is, or the things include, a firearm or firearm part;