New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 51G

51G Defences for offences under section 51F

(1) Innocent production, dissemination or possession It is a defence to a prosecution for an offence under section 51F if the defendant proves that the defendant did not know, and could not reasonably be expected to have known, that the defendant possessed the digital blueprint concerned.

(2) It is a defence to a prosecution for an offence under section 51F if the defendant proves that the digital blueprint concerned came into the defendant's possession unsolicited and the defendant, as soon as the defendant became aware of its nature, took reasonable steps to get rid of it.

(3) Public benefit It is a defence to a prosecution for an offence under section 51F if the defendant proves that the conduct engaged in by the defendant--

(a) was of public benefit, and

(b) did not extend beyond what was of public benefit.

(4) Conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in--

(a) enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth, or

(b) monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth, or

(c) the administration of justice.

(5) The question of whether a person's conduct is of public benefit is a question of fact and the person's motives for engaging in the conduct are irrelevant.

(6) Approved research It is a defence to a prosecution for an offence under section 51F if the defendant proves that the conduct engaged in by the defendant--

(a) was necessary for or of assistance in conducting scientific, medical, educational, military or law enforcement research that has been approved by the Attorney General in writing for the purposes of this section, and

(b) did not contravene any conditions of that approval.