New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 51

51 Restrictions on supply of firearms

(1) A person (
"the supplier" ) must not supply, or knowingly take part in the supply of, a firearm to another person unless--

(a) the other person is authorised to possess the firearm by a licence or permit, and

(b) the following documents have been produced to, and inspected by, the supplier--

(i) the other person's licence or permit, and

(ii) if the other person is not a licensed firearms dealer--the other person's permit to acquire the firearm (or the equivalent of any such permit that is issued under the law of another State or Territory in respect of the firearm concerned).

: Maximum penalty--imprisonment for 5 years.

(1A) A person (
"the supplier" ) must not supply, or knowingly take part in the supply of, a pistol or prohibited firearm to another person unless--

(a) the other person is authorised to possess the pistol or prohibited firearm by a licence or permit, and

(b) the following documents have been produced to, and inspected by, the supplier--

(i) the other person's licence or permit, and

(ii) if the other person is not a licensed firearms dealer--the other person's permit to acquire the firearm (or the equivalent of any permit that is issued under the law of another State or Territory in respect of the pistol or prohibited firearm concerned).

: Maximum penalty--imprisonment for 20 years.

Note : Reference to a pistol includes a prohibited pistol.

(1B) If the firearm is an imitation firearm, the other person's permit to acquire the firearm is not required to be produced to and inspected by the supplier under subsection (1) or (1A) (without affecting the requirement that the other person's licence or permit be produced to and inspected by the supplier).

Note : The holder of a permit authorising the possession or use of an imitation firearm is not required to be authorised by a permit to acquire the imitation firearm. See section 4D.

(2) A person other than a licensed firearms dealer must not supply, or knowingly take part in the supply of, a firearm to a person who is not a licensed firearms dealer unless--

(a) the supply has, in accordance with the regulations, been arranged through a licensed firearms dealer, or

(b) in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available--the supply is witnessed by a police officer authorised by the Commissioner.

: Maximum penalty--imprisonment for 5 years.

(2A) A person other than a licensed firearms dealer must not supply, or knowingly take part in the supply of, a pistol or prohibited firearm to a person who is not a licensed firearms dealer unless--

(a) the supply has, in accordance with the regulations, been arranged through a licensed firearms dealer, or

(b) in any case where a licensed firearms dealer is not (as determined by the regulations) reasonably available--the supply is witnessed by a police officer authorised by the Commissioner.

: Maximum penalty--imprisonment for 20 years.

Note : Reference to a pistol includes a prohibited pistol.

(3) For the purposes of this section, a person
"takes part in" the supply of a firearm if--

(a) the person takes, or participates in, any step, or causes any step to be taken, in the process of that supply, or

(b) the person provides or arranges finance for any step in that process, or

(c) the person provides the premises in which any step in that process is taken, or suffers or permits any step in that process to be taken in premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.

(4) If on the trial of a person for an offence under subsection (1A) or (2A) the jury is not satisfied that the accused is guilty of the offence charged but is satisfied on the evidence that the accused is guilty of an offence under subsection (1) or (2), respectively, it may find the accused not guilty of the offence charged but guilty of the latter offence, and the accused is liable to punishment accordingly.