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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 22 October 2017 at 01:01)
Part 3A Division 2
Division 2 Explosives and firearms offences
93F   Interpretation
(1)  In this Division:
firearm, imitation firearm, pistol and prohibited firearm have the same meanings as in the Firearms Act 1996.
unregistered firearm means a firearm that is not registered under the Firearms Act 1996, but does not include any such firearm that is not required to be registered under that Act.
(2)  For the purposes of this Division, a person who is in a vehicle or vessel in a public place is taken to be in that place.
(3)  In subsection (2), vehicle includes a caravan or anything else constructed to be drawn by a vehicle or animal.
93FA   Possession, supply or making of explosives
(1)  A person who possesses an explosive in a public place is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2)  A person who possesses, supplies or makes an explosive, under circumstances that give rise to a reasonable suspicion that the person did not possess, supply or make the explosive for a lawful purpose, is guilty of an offence.
Maximum penalty: Imprisonment for 3 years or 50 penalty units, or both.
(3)    (Repealed)
(4)  A person is not guilty of an offence against subsection (1) or (2) for possessing or making an explosive if the person satisfies the court that he or she had a reasonable excuse for doing so or did so for a lawful purpose.
93FB   Possession of dangerous articles other than firearms
(1)  A person who, in a public place, possesses:
(a)  anything (not being a firearm within the meaning of the Firearms Act 1996) capable of discharging by any means:
(i)  any irritant matter in liquid, powder, gas or chemical form or any dense smoke, or
(ii)  any substance capable of causing bodily harm, or
(b)  a fuse capable of use with an explosive or a detonator, or
(c)  a detonator, or
(d)  a distress signal, or distress flare, that operates by emitting a bright light,
is liable, on conviction before the Local Court, to imprisonment for 2 years, or a fine of 50 penalty units, or both.
(2)  A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or possessed it for a lawful purpose.
(3)  A person is not guilty of an offence under this section for possessing anything referred to in subsection (1) (a) if the person satisfies the court that he or she possessed it for the purpose of self-defence and that it was reasonable in the circumstances to possess it for that purpose.
(4)  In considering a defence under subsection (3), the court must have regard to its reasonableness in all the circumstances of the case, including:
(a)  the immediacy of the perceived threat to the person charged, and
(b)  the circumstances, such as the time and location, in which the thing was possessed, and
(c)  the type of thing possessed, and
(d)  the age, characteristics and experiences of the person charged.
93G   Causing danger with firearm or spear gun
(1)  Any person who:
(a)  possesses a loaded firearm or loaded spear gun:
(i)  in a public place, or
(ii)  in any other place so as to endanger the life of any other person, or
(b)  fires a firearm or spear gun in or near a public place, or
(c)  carries or fires a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person,
is liable to imprisonment for 10 years.
(2)  For the purposes of this section:
(a)  a firearm is to be regarded as being loaded if there is ammunition:
(i)  in its chamber or barrel, or
(ii)  in any magazine or other device which is in such a position that the ammunition can be fitted into its chamber or barrel by operation of some other part of the firearm, and
(b)  a spear gun is to be regarded as being loaded if a spear, or an instrument or thing similar to a spear, is fitted to it.
(3)  A person is not guilty of an offence under this section for possessing or doing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or doing it or possessed it or did it for a lawful purpose.
93GA   Firing at dwelling-houses or buildings
(1)  A person who fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 14 years.
(1A)  A person who, during a public disorder, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 16 years.
(1B)  A person who, in the course of an organised criminal activity, fires a firearm at a dwelling-house or other building with reckless disregard for the safety of any person is liable to imprisonment for 16 years.
(2)  In the prosecution of an offence under this section, it is not necessary to prove that a person was actually placed in danger by the firing of the firearm.
(3)  If, on the trial of a person for an offence under this section, 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 section 93G or 93H, it may find the person not guilty of the offence charged but guilty of an offence under section 93G or 93H, and the accused is liable to punishment accordingly.
(4)  If, on the trial of a person for an offence under subsection (1A) or (1B), 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.
93H   Trespassing with or dangerous use of firearm or spear gun
(1)  A person who, possessing a firearm, imitation firearm, spear gun or imitation spear gun, enters any building or land (other than a road), unless the person:
(a)  is the owner or occupier of the building or land or has the permission of the owner or occupier, or
(b)  does so with a reasonable excuse, or
(c)  does so for a lawful purpose,
is liable to imprisonment for 5 years.
(2)  A person who fires a firearm or spear gun in or into any building or on or on to any land, unless the person:
(a)  is the owner or occupier of the building or land or has the permission of the owner or occupier, or
(b)  does so with a reasonable excuse, or
(c)  does so for a lawful purpose,
is liable to imprisonment for 10 years.
(3)  The onus of proving the matters referred to in subsection (1) (a), (b) and (c) and subsection (2) (a), (b) and (c) lies with the defendant.
93I   Possession of unregistered firearm in public place
(1)  A person who:
(a)  possesses an unregistered firearm in a public place, and
(b)  is not authorised under the Firearms Act 1996 to possess the firearm,
is liable to imprisonment for 10 years.
(2)  A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation. A person convicted of an offence under this subsection is liable to imprisonment for 14 years.
(3)  For the purposes of subsection (2), an offence under subsection (1) is committed in circumstances of aggravation if the offence involves the possession:
(a)  of more than one unregistered firearm, or
(b)  of an unregistered firearm that is a pistol, or
(c)  of an unregistered firearm that is a prohibited firearm.