Firearms Act 1996 No 46
Current version for 8 April 2013 to date (accessed 23 May 2013 at 03:47)
Part 6

Part 6 Miscellaneous offences

50   Purchase of firearms

(cf APMC 7, 1989 Act s 6)

A person must not purchase a firearm unless the person is:
(a)  authorised to possess the firearm by a licence or permit, and
(b)  except in the case of a licensed firearms dealer, authorised to acquire the firearm by a permit (or the equivalent of any such permit that is issued under the law of another State or Territory in respect of the firearm concerned).

Maximum penalty: imprisonment for 10 years if the firearm concerned is a prohibited firearm or pistol, or imprisonment for 5 years in any other case.

50AA   Purchase of firearm parts

(1)  A person must not purchase a firearm part unless the person:
(a)  is the holder of a licence or permit for the kind of firearm to which the firearm part relates, or
(b)  is authorised by a permit to purchase the firearm part.

Maximum penalty: imprisonment for 5 years.

(2)  A person must not purchase a firearm part that relates to any kind of prohibited firearm or pistol unless the person:
(a)  is the holder of a licence or permit for that kind of prohibited firearm or pistol, or
(b)  is authorised by a permit to purchase the firearm part.

Maximum penalty: imprisonment for 10 years.

(3)  If, on the trial of a person for an offence under subsection (2), the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), it may find the person not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.

50A   Unauthorised manufacture of firearms

(1)  A person who manufactures a firearm is guilty of an offence under this subsection unless the person is authorised by a licence or permit to manufacture the firearm.

Maximum penalty: imprisonment for 10 years.

(2)  A person who manufactures a prohibited firearm or pistol is guilty of an offence under this subsection unless the person is authorised by a licence or permit to manufacture the prohibited firearm or pistol.

Maximum penalty: imprisonment for 20 years.

(3)  Without limiting the operation of subsection (1) or (2), those subsections apply to a person regardless of whether the firearm concerned was manufactured in the course of carrying on a business.
(4)  If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.
(5)  In this section:

manufacture a firearm includes assemble a firearm from firearm parts.

51   Restrictions on sale of firearms

(1)  A person (the seller) must not sell, or knowingly take part in the sale of, a firearm to another person (the purchaser) unless:
(a)  the purchaser is authorised to possess the firearm by a licence or permit, and
(b)  the following documents have been produced to, and inspected by, the seller:
(i)  the purchaser’s licence or permit, and
(ii)  if the purchaser is not a licensed firearms dealer—the purchaser’s permit to acquire the firearm (or the equivalent of any such permit that is issued under the law of another State or Territory in respect of the firearm concerned).

Maximum penalty: imprisonment for 5 years.

(1A)  A person (the seller) must not sell, or knowingly take part in the sale of, a prohibited firearm or pistol to another person (the purchaser) unless:
(a)  the purchaser is authorised to possess the prohibited firearm or pistol by a licence or permit, and
(b)  the following documents have been produced to, and inspected by, the seller:
(i)  the purchaser’s licence or permit, and
(ii)  if the purchaser is not a licensed firearms dealer—the purchaser’s permit to acquire the firearm (or the equivalent of any permit that is issued under the law of another State or Territory in respect of the prohibited firearm or pistol concerned).

Maximum penalty: imprisonment for 20 years.

(2)  A person other than a licensed firearms dealer must not sell, or knowingly take part in the sale of, a firearm to a person who is not a licensed firearms dealer unless:
(a)  the sale has, in accordance with the regulations, been arranged through a licensed firearms dealer, or
(b)  in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available—the sale is witnessed by a police officer authorised by the Commissioner.

Maximum penalty: imprisonment for 5 years.

(2A)  A person other than a licensed firearms dealer must not sell, or knowingly take part in the sale of, a prohibited firearm or pistol to a person who is not a licensed firearms dealer unless:
(a)  the sale has, in accordance with the regulations, been arranged through a licensed firearms dealer, or
(b)  in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available—the sale is witnessed by a police officer authorised by the Commissioner.

Maximum penalty: imprisonment for 20 years.

(3)  For the purposes of this section, a person takes part in the sale of a firearm if:
(a)  the person takes, or participates in, any step, or causes any step to be taken, in the process of that sale, or
(b)  the person provides or arranges finance for any step in that process, or
(c)  the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.
(4)  If on the trial of a person for an offence under subsection (1A) or (2A) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1) or (2), respectively, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.

51A   Restrictions on purchase of firearms

(1)  A person (the purchaser) must not purchase a firearm from another person (the seller) unless:
(a)  the seller is authorised to possess the firearm by a licence or permit, and
(b)  the seller’s licence or permit has been produced to, and inspected by, the purchaser.
(2)  A person other than a licensed firearms dealer must not purchase a firearm from another person who is not a licensed firearms dealer unless:
(a)  the sale has been, in accordance with the regulations, arranged through a licensed firearms dealer, or
(b)  in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available—the sale is witnessed by a police officer authorised by the Commissioner.

Maximum penalty: imprisonment for 14 years if the firearm concerned is a prohibited firearm or pistol, or imprisonment for 5 years in any other case.

51B   Selling firearms on an ongoing basis

(1) Offence
A person must not contravene section 51 on 3 or more separate occasions over any consecutive period of 12 months.

Maximum penalty: imprisonment for 20 years.

(2) Jury must be satisfied as to same 3 occasions of sale
If, on the trial of a person for an offence under this section, more than 3 occasions of selling a firearm are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.
(3) Alternative verdict—relevant selling offence
If, on the trial of a person for an offence under this section, the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of commission of the offence under this section, committed a relevant selling offence, the jury may acquit the person of the offence charged and find the person guilty of the relevant selling offence, and the person is liable to punishment accordingly.
(4) Double jeopardy provisions
A person who has been convicted of an offence under this section is not liable to be convicted:
(a)  of a relevant selling offence, or
(b)  of a separate offence under this section,
      on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.
(5)  A person who has been acquitted of an offence under this section is not liable to be convicted:
(a)  except as provided by subsection (3)—of a relevant selling offence, or
(b)  of a separate offence under this section,
      on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.
(6)  A person who has been:
(a)  convicted of a relevant selling offence, or
(b)  acquitted of a relevant selling offence,
      is not liable to be convicted of an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the relevant selling offence.
(7) Liability for relevant selling offences not affected by offence under this section
Subject to subsections (4) and (5), this section does not:
(a)  remove the liability of any person to be convicted of a relevant selling offence, or
(b)  affect the punishment that may be imposed for any such offence.
(8) Definition
In this section, relevant selling offence means any offence under this Act (other than under this section) relating to the sale of a firearm.

51BA   Restrictions on sale of firearm parts

(1)  A person (the seller) must not sell, or knowingly take part in the sale of, a firearm part to another person (the purchaser) unless:
(a)  the seller is authorised by a licence or permit to sell the firearm part, and
(b)  the purchaser is the holder of a licence or permit for the kind of firearm to which the firearm part relates, and
(c)  the purchaser’s licence or permit has been produced to, and inspected by, the seller.

Maximum penalty: imprisonment for 5 years.

(2)  A person (the seller) must not sell, or knowingly take part in the sale of, a firearm part to another person (the purchaser), being a firearm part that solely relates to any kind of prohibited firearm or pistol, unless:
(a)  the seller is authorised by a licence or permit to sell the firearm part, and
(b)  the purchaser is the holder of a licence or permit for that kind of prohibited firearm or pistol, and
(c)  the purchaser’s licence or permit has been produced to, and inspected by, the seller.

Maximum penalty: imprisonment for 10 years.

(3)  For the purposes of this section, a person takes part in the sale of a firearm part if:
(a)  the person takes, or participates in, any step, or causes any step to be taken, in the process of that sale, or
(b)  the person provides or arranges finance for any step in that process, or
(c)  the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.
(4)  If, on the trial of a person for an offence under subsection (2), the jury is not satisfied that the accused is guilty of the offence but is satisfied on the evidence that the person is guilty of an offence under subsection (1), it may find the person not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.

51BB   Selling firearm parts on an ongoing basis

(1)  A person must not contravene section 51BA on 3 or more separate occasions over any consecutive period of 12 months.

Maximum penalty: imprisonment for 20 years.

(2)  For the purposes of this section, the sale of more than one firearm part to any person on a single occasion does not, in itself, constitute more than one occasion.
(3)  If, on the trial of a person for an offence under this section, more than 3 occasions of selling a firearm part are relied on as evidence of commission of the offence, all the members of the jury must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.
(4)  If, on the trial of a person for an offence under this section, the jury is not satisfied that the offence is proven but is satisfied that the person has, in respect of any of the occasions relied on as evidence of commission of the offence under this section, committed an offence under section 51BA, the jury may acquit the person of the offence charged and find the person guilty of an offence under section 51BA, and the person is liable to punishment accordingly.
(5)  A person who has been convicted of an offence under this section is not liable to be convicted:
(a)  of an offence under section 51BA, or
(b)  of a separate offence under this section,
      on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been convicted.
(6)  A person who has been acquitted of an offence under this section is not liable to be convicted:
(a)  except as provided by subsection (4)—of an offence under section 51BA, or
(b)  of a separate offence under this section,
      on the same, or substantially the same, facts as those relied on as evidence of commission of the offence in respect of which the person has been acquitted.
(7)  A person who has been:
(a)  convicted of an offence under section 51BA, or
(b)  acquitted of such an offence,
      is not liable to be convicted of an offence under this section on the same, or substantially the same, facts as those relied on as evidence of commission of the offence under section 51BA.
(8)  Subject to subsections (5) and (6), this section does not:
(a)  remove the liability of any person to be convicted of an offence under section 51BA, or
(b)  affect the punishment that may be imposed for any such offence.

51C   Conspiring to commit and aiding etc commission of offence outside New South Wales

A person must not, in New South Wales:
(a)  conspire with another person or persons to commit an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this Act, or
(b)  aid, abet, counsel, procure, solicit or incite the commission of an offence in any place outside New South Wales, being an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this Act.

Maximum penalty: the same punishment, pecuniary penalty and forfeiture that the person would be subject to if the offence concerned had been committed in New South Wales.

51D   Unauthorised possession of firearms in aggravated circumstances

(1)  A person who is in possession of more than 3 firearms is guilty of an offence under this subsection if:
(a)  the firearms are not registered, and
(b)  the person is not authorised by a licence or permit to possess the firearms.

Maximum penalty: imprisonment for 10 years.

(2)  A person who is in possession of more than 3 firearms any one of which is a prohibited firearm or pistol is guilty of an offence under this subsection if:
(a)  the firearms are not registered, and
(b)  the person is not authorised by a licence or permit to possess the firearms.

Maximum penalty: imprisonment for 20 years.

(3)  If on the trial of a person for an offence under subsection (2) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1), it may find the accused not guilty of the offence charged but guilty of an offence under subsection (1), and the accused is liable to punishment accordingly.

51E   Possession or use of pistols fitted with magazines of more than 10 round capacity

A person who is the holder of a category H (sport/target shooting) licence must not possess or use a pistol fitted with a magazine that has a capacity of more than 10 rounds.

Maximum penalty: imprisonment for 14 years.

52   Use of mail for sending firearms and barrels

(cf 1990 Reg cl 86B)

(1)  A person must not send a firearm or firearm barrel by mail to an address in New South Wales.
(2)  A person must not receive a firearm or firearm barrel by mail at an address in New South Wales.
(3)  A person must not direct or request another person, whether the other person is within or outside New South Wales when the request is made, to send a firearm or firearm barrel by mail to an address in New South Wales, whether or not the request is made in writing or in connection with the purchase by the person of the firearm or firearm barrel.
(4)  A person is taken to have made such a request if the person accepts an offer made by another person within or outside New South Wales to forward a firearm or firearm barrel by mail to an address within New South Wales.
(4A)  It is not an offence under subsection (1) or (2) if the firearm or firearm barrel is sent by a licensed firearms dealer to another licensed firearms dealer by a form of post that requires delivery in person to the addressee.
(4B)  It is not an offence under subsection (3) if the person who is directed or requested to send the firearm or firearm barrel is a licensed firearms dealer (or a firearms dealer licensed under the law of another State) and the firearms dealer is directed or requested to send the firearm or barrel to a licensed firearms dealer by a form of post that requires delivery in person to the addressee.
(5)  It is a defence to a prosecution under subsection (2) if the defendant proves that the firearm or firearm barrel was sent to the defendant without his or her knowledge or approval.
(6)  (Repealed)

Maximum penalty: 50 penalty units.

53   Use of mail for sending firearms outside this State

(cf APMC 9, 1990 Reg cl 87)

A person must not send a firearm or firearm barrel to another person by mail unless:
(a)  the person sending the firearm or firearm barrel is a licensed firearms dealer, and
(b)  the address to which the firearm or firearm barrel is sent is outside New South Wales, and
(c)  the firearm or firearm barrel is sent by a form of post that requires delivery in person to the addressee, and
(d)  the other person would not, because of receiving the firearm or firearm barrel or being in possession of it at the place to which it is sent, be guilty of any offence under any law which applies at that place, and
(e)  the other person is a licensed firearms dealer under the law of that other place.

Maximum penalty: 50 penalty units.

54   Advertising sale of firearms

(cf APMC 10 (a))

A person must not cause an advertisement for the sale of a firearm or firearm part to be published unless:
(a)  the person is a licensed firearms dealer, or
(b)  the proposed sale is to be arranged by or through a licensed firearms dealer and the advertisement contains such particulars as may be prescribed by the regulations.

Maximum penalty: 50 penalty units.

55   Means of delivering possession of firearms

(cf 1990 Reg cl 86A)

A person may deliver possession of a firearm or firearm part to another person:
(a)  in person only, or
(b)  only by means of another person who appears to the person to be able to ensure the security of the firearm or firearm part during the course of delivery.

Maximum penalty: 50 penalty units.

56   Commercial transportation of firearms

Any person who is engaged in the business of transporting goods must not transport any firearm unless the firearm is conveyed in accordance with the safety requirements prescribed by the regulations.

Maximum penalty: 50 penalty units.

57   Non-commercial transportation of certain firearms

(cf APMC 10 (a))

Any person (other than a person who is engaged in the business of transporting goods) who conveys a prohibited firearm or a pistol must comply with the safety requirements prescribed by the regulations.

Maximum penalty: 50 penalty units.

58   Possession of spare barrels for firearms

(cf 1989 Act s 9)

(1)  A person must not possess a barrel for a firearm (other than a prohibited pistol) unless the person is authorised by a licence or permit to possess the firearm or the barrel.

Maximum penalty: 50 penalty units.

(2)  A person must not possess a barrel for a prohibited pistol unless the person is authorised by a licence or permit to possess the pistol or barrel.

Maximum penalty: imprisonment for 5 years.

59   “On-the-spot” inspection of firearms by police

(cf 1989 Act s 10)

(1)  A person who is carrying a firearm or possesses a firearm that is within the immediate vicinity of the person must, on the demand of a police officer at any time, produce for inspection by the police officer:
(a)  the firearm, and
(b)  any licence or permit that authorises the person to possess the firearm.

Maximum penalty: 20 penalty units or imprisonment for 12 months, or both.

(2)  A person is guilty of an offence under this section only if the police officer, when making the demand, explains to the person that failure to comply with the demand is an offence under this Act.
(3)  A person is not guilty of an offence under this section because of failing to produce a licence or permit if the person:
(a)  has a reasonable excuse for not having the licence or permit when the demand is made, and
(b)  produces it, as soon as is practicable (but not more than 6 hours) after the demand for its production is made, to the police officer who made the demand or to another such police officer nominated by the officer.
(4)  In this section, firearm includes a firearm part.

60   Disposal of firearms by unauthorised persons

(cf 1989 Act s 11)

(1)  A person who comes into possession of a firearm, but is not authorised by or under this Act to possess the firearm, must (except as provided by section 82A) immediately surrender the firearm to a police officer.

Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.

(2)  A person does not contravene any other provision of this Act just by surrendering a firearm in accordance with this section.

61   Unsafe firearms

(cf 1989 Act s 13)

(1)  A person must not sell or give possession of a firearm to another person knowing that it is unsafe, except after giving an appropriate warning.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

(2)  A police officer may seize any firearm in the possession of any person if:
(a)  the firearm is in a public place, and
(b)  the officer suspects on reasonable grounds that the firearm is unsafe.
(3)  For the purposes of this section, a firearm is to be considered as being unsafe (apart from any other reason for which it may be unsafe) if, because of some mechanical defect or its general condition, it may reasonably be considered to be unsafe.

62   Shortening firearms

(cf 1989 Act s 14)

(1)  A person must not, unless authorised to do so by a permit:
(a)  shorten any firearm (other than a pistol), or
(b)  possess any such firearm that has been shortened, or
(c)  sell or give possession of any such firearm that has been shortened to another person.

Maximum penalty: imprisonment for 10 years.

(2)  The regulations may provide that certain kinds of firearms are to be considered as having been shortened for the purposes of this section only if they (or specified parts of them) have prescribed characteristics.

63   Converting firearms

(cf 1989 Act s 15)

(1)  A person must not shorten a firearm so as to convert it into a pistol unless a licence has been issued to the person authorising possession of the pistol.

Maximum penalty: imprisonment for 10 years.

(1A)  A person must not, unless authorised to do so by a permit, alter the construction or action of a pistol that is not a prohibited pistol so as to convert it into a prohibited pistol.

Maximum penalty: imprisonment for 10 years.

(2)  A person must not, unless authorised to do so by a permit, alter the construction or action of a prohibited firearm so as to convert it into a firearm that is not a prohibited firearm.

Maximum penalty: imprisonment for 10 years.

(3)  A person must not, unless authorised to do so by a permit, alter the construction or action of a firearm that is not a prohibited firearm so as to convert it into a prohibited firearm.

Maximum penalty: imprisonment for 10 years.

(4)  A person must not provide another person with any information or thing that the person knows, or could reasonably be expected to know, is to be used for the purpose of altering the construction or action of a firearm if the other person is not authorised by a licence or permit to possess a firearm of the kind to which it is capable of being so altered.

Maximum penalty: imprisonment for 10 years.

64   Restrictions where alcohol or other drugs concerned

(cf 1989 Act s 16)

(1)  A person must not handle or use a firearm while the person is under the influence of alcohol or any other drug.

Maximum penalty: imprisonment for 5 years.

(2)  A person must not sell or give possession of a firearm to another person:
(a)  if the person knows or has reasonable cause to believe that the other person is under the influence of alcohol or any other drug, or
(b)  if the other person’s appearance or behaviour is such that the person intending to sell or give possession of the firearm believes or has reasonable cause to believe that the other person is incapable of exercising responsible control over the firearm.

Maximum penalty: imprisonment for 5 years.

65   Sale, purchase and possession of ammunition

(cf APMC 9 (c), 1989 Act s 17)

(1)  A person must not sell ammunition for any firearm unless:
(a)  the purchaser is the holder of a licence or permit for a firearm which takes that ammunition, or
(b)  the purchaser is authorised to purchase it by a permit,
      and the seller has seen the licence or permit.
Note. Section 65A imposes additional requirements for sales of ammunition by licensed firearms dealers.
(2)  A person must not purchase ammunition for any firearm unless the person:
(a)  is the holder of a licence or permit for a firearm which takes that ammunition, or
(b)  is authorised to purchase it by a permit,
      and the amount of ammunition that is purchased at any one time does not exceed the amount (if any) prescribed by the regulations.
(3)  A person must not possess ammunition unless the person:
(a)  is the holder of a licence or permit for a firearm which takes that ammunition, or
(b)  is authorised to possess it by a permit.
(4)  A person is not guilty of an offence under subsection (3) only because of possessing ammunition that is being conveyed or stored in the ordinary course of the person’s duties in the business of a carrier or warehouse operator.

Maximum penalty: 50 penalty units.

65A   Sales of ammunition by firearms dealers—additional requirements

(1)  A licensed firearms dealer must not sell ammunition for any firearm to a purchaser who is the holder of a licence or permit for the firearm unless:
(a)  a firearm that takes the ammunition is registered in the name of the purchaser or the purchaser is authorised by a permit (or its equivalent under the law of another State or Territory) to acquire a firearm that takes the ammunition, and
(b)  the dealer has seen the current notice of registration issued for the firearm or the permit to acquire the firearm.

Maximum penalty: 50 penalty units.

(2)  The requirements of this section are in addition to the requirements of section 65.
(3)  This section does not apply to a sale of ammunition by a licensed firearms dealer to another licensed firearms dealer.
(4)  This section does not apply to a sale of ammunition to a member of a shooting club by the club armourer for the club for use at the club in a firearm registered to the club (a club firearm).

66   Defacing or altering identification marks

(cf 1989 Act s 18)

A person must not, unless authorised by the Commissioner to do so:
(a)  deface or alter any number, letter or identification mark on any firearm or barrel for a firearm, or
(b)  have possession of any firearm or barrel for a firearm on which any number, letter or identification mark has been defaced or altered.

Maximum penalty: imprisonment for 5 years.

67   Pawning of firearms prohibited

(cf 1989 Act s 20)

A pawnbroker must not take a firearm, firearm part or ammunition into pawn.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

68   Licence or permit must be produced on demand

(cf 1989 Act s 37)

(1)  A person to whom a licence or permit is issued must, on demand made by a police officer at any time:
(a)  if the person has the licence or permit in his or her immediate possession—produce the licence or permit for inspection by the police officer, or
(b)  if the person does not have the licence or permit in his or her immediate possession—produce it as soon as practicable (but not more than 6 hours) after the demand is made to the police officer who made the demand or to another police officer nominated by the officer, or
(c)  state the person’s full name and usual place of residence to the police officer.

Maximum penalty: 50 penalty units.

(2)  A person is guilty of an offence under this section only if the police officer, when making the demand, explains to the person that failure to comply with the demand is an offence against this Act.

69   Requirement to notify change of address

(cf 1990 Reg cl 26)

A licensee or the holder of a permit must, if there is any change in the licensee’s or permit holder’s place of residence, provide the Commissioner with the particulars of the change of address within 7 days after the change occurs.

Maximum penalty: 50 penalty units.

70   False or misleading applications

(cf 1989 Act s 44)

A person must not, in or in connection with an application under this Act or the regulations, make a statement or provide information that the person knows is false or misleading in a material particular.

Maximum penalty: imprisonment for 10 years if the application relates to a prohibited firearm or pistol, or imprisonment for 5 years in any other case.

71   Misuse of licences and permits

(cf 1989 Act s 46)

A person must not:
(a)  falsely represent himself or herself to be the holder of a licence or permit (whether or not it is in force), or
(b)  (Repealed)
(c)  give possession of a licence or permit to another person for the purpose of using it unlawfully, or
(d)  steal a licence or permit, or
(e)  knowingly have possession of a forged, fraudulently altered, borrowed or stolen licence or permit.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

Note. It is an offence under section 300 (1) of the Crimes Act 1900 to make a false instrument (such as a forged or fraudulently altered firearms licence) with the intention that it will be used by somebody to induce another person to accept it as genuine and (because of that acceptance) to do (or not do) some act to that other person’s prejudice. The penalty for such an offence is imprisonment for 10 years.

71A   Using forged or fraudulently altered licence or permit to obtain firearm

(1)  A person is guilty of an offence under this section if the person uses a document that is, and that the person knows to be, false, with the intention of obtaining a firearm.

Maximum penalty: imprisonment for 10 years.

(2)  For the purposes of this section, a document is false if it purports to be a licence or permit authorising the person who is using it to possess a firearm but is in fact:
(a)  not a licence or permit, or
(b)  a licence or permit that has been altered in any respect by a person who was not authorised to make the alteration, or
(c)  a licence or permit that has been issued to another person.

72   Falsifying or altering records

(1)  A firearms dealer must not, with intent to deceive, make a false or misleading entry in, or alter, a record required to be made or kept under section 45.

Maximum penalty: imprisonment for 14 years if the record relates to a prohibited firearm or pistol (or part of a prohibited firearm or pistol), or imprisonment for 5 years in any other case.

(2)  A person must not, with intent to deceive, make a false or misleading entry in, or alter, any other record required to be made or kept by or under this Act.

Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

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