Section 360.3 Criminal Code Act | Taking or Sending Firearm Across Borders

The Legislation

Section 360.3 of the Criminal Code Act 1995 (Cth) is Taking or Sending Firearm Across Borders and is extracted below.

If you require Expert Legal Advice from an Experienced Criminal Defence Lawyer for your Taking or Sending Firearm Across Borders matter, call Sydney Criminal Lawyers today on (02) 9261 8881.

360.3 Taking or sending a firearm across borders

(1) A person is guilty of an offence if:

(a) in the course of trade or commerce among the States, between Territories or between a Territory and a State, the person takes or sends a firearm from one State or Territory to another State or Territory; and

(b) the person does so intending that the firearm will be disposed of in the other State or Territory (whether by the person or another); and

(c) the person knows that, or is reckless as to whether:

(i) the disposal of the firearm; or

(ii) any acquisition of the firearm that results from the disposal;

would happen in circumstances that would constitute an offence against the firearm law of that other State or Territory.

Penalty: Imprisonment for 10 years or a fine of 2,500 penalty units, or both.

(2) In this section:

firearm means a firearm within the meaning of the firearm law mentioned in paragraph (1)(c).

firearm law means a law of a State or Territory which is prescribed by the regulations for the purposes of this Division.