Document ID: chunk:federal_register_of_legislation:C2015A00012:clause:2_18:p1
Version: federal_register_of_legislation:C2015A00012
Segment Type: clause
Provision Reference: sch 2 cl 18 (pt 1/3)
Character Range: 24428–27131

18  At the end of Part 9.4 of the Criminal Code
Add:

Division 361—International firearms trafficking

361.1  Definitions
  In this Division:
export a thing, means export the thing from Australia.
firearm has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
firearm part has the same meaning as in the Customs (Prohibited Imports) Regulations 1956.
import a thing, means import the thing into Australia, and includes deal with the thing in connection with its importation.
traffic in a thing that is a firearm or a firearm part means:
 (a) transfer the 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

Customs Act prohibits imports absolutely
 (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 absolutely.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
 (2) Absolute liability applies to paragraph (1)(d).
Note: For absolute liability, see section 6.2.

Customs Act prohibits imports if requirements not met
 (3) 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 unless certain requirements were met; and
 (e) the person fails to meet any of those requirements.
Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.
 (4) Absolute liability applies to paragraph (3)(d).
Note: For absolute liability, see section 6.2.
 (5) Strict liability applies to paragraph (3)(e).
Note: For strict liability, see section 6.1.

361.3  Trafficking prohibited