Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p44
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 44/169)
Character Range: 1299442–1302179

fact:
 (a) is not satisfied that the defendant is guilty of the aggravated offence; but
 (b) is satisfied beyond reasonable doubt that he or she is guilty of the basic offence relating to the aggravated offence;
it may find the defendant not guilty of the aggravated offence but guilty of the basic offence, so long as the defendant has been accorded procedural fairness in relation to that finding of guilt.

Definitions
 (5) In this section:
aggravated offence means an offence against subsection 360.2(2) or 360.3(1A).
basic offence relating to an aggravated offence means:
 (a) if the aggravated offence is an offence against subsection 360.2(2)—an offence against subsection 360.2(1); or
 (b) if the aggravated offence is an offence against subsection 360.3(1A)—an offence against subsection 360.3(1).

360.4  Concurrent operation intended
 (1) This Division is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
 (2) Without limiting subsection (1), this Division is not intended to exclude or limit the concurrent operation of a law of a State or Territory that makes:
 (a) an act or omission that is an offence against this Division; or
 (b) a similar act or omission;
an offence against the law of the State or Territory.
 (3) Subsection (2) applies even if the law of the State or Territory does any one or more of the following:
 (a) provides for a penalty for the offence that differs from the penalty provided for in this Division;
 (b) provides for a fault element in relation to the offence that differs from the fault elements applicable to the offence against this Division;
 (c) provides for a defence in relation to the offence that differs from the defences applicable to the offence against this Division.
 (4) A person punished for an offence against a law of a State or Territory referred to in subsection (2) in respect of particular conduct cannot be punished for an offence against this Division in respect of that conduct.

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