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


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

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The Legislation

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.