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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 16 December 2017 at 23:55)
Part 3A Division 2 Section 93H
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.