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Taking or sending a firearm or firearm part across borders is an offence under section 360.3 of the Criminal Code Act 1995 (Cth), which carries a maximum penalty of 10 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
The definition of a ‘firearm’ in New South Wales is:
A gun, or other weapon, that is or was, capable of propelling a projectile by means of an explosive, and includes a blank fire firearm, or an air gun, but does not include a paintball marker.
You were ‘reckless’ if you were aware there was a substantial risk that the disposal, or the acquisition of the item resulting from disposal, would occur in circumstances that constituted a firearms offence in the state or territory, and it was unjustifiable to take that risk in the circumstances but you went ahead with your actions regardless.
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