New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 74

74 Effect of firearms prohibition order

(1) Prohibition on persons acquiring, possessing or using firearms, firearm parts or ammunition A person who is subject to a firearms prohibition order must not acquire, possess or use a firearm.

: Maximum penalty--imprisonment for 14 years if the firearm is a pistol or prohibited firearm, or imprisonment for 5 years in any other case.

Note--: Reference to a pistol includes a prohibited pistol.

(2) A person who is subject to a firearms prohibition order must not acquire or possess a firearm part.

: Maximum penalty--imprisonment for 14 years if the firearm part relates solely to any kind of pistol or prohibited firearm, or imprisonment for 5 years in any other case.

(3) A person who is subject to a firearms prohibition order must not acquire or possess ammunition for any firearm.

: Maximum penalty--imprisonment for 5 years.

(4) Prohibition on supplying firearms etc to persons subject to orders A person must not supply or give possession of a firearm or firearm part to another person knowing that the other person is subject to a firearms prohibition order.

: Maximum penalty--imprisonment for 14 years if the firearm is a pistol or prohibited firearm or if the firearm part relates solely to any kind of pistol or prohibited firearm, or imprisonment for 5 years in any other case.

(5) A person must not supply or give possession of ammunition for any firearm to another person knowing that the other person is subject to a firearms prohibition order.

: Maximum penalty--imprisonment for 5 years.

(6) Prohibition on persons residing at premises where there are firearms etc A person who is subject to a firearms prohibition order is guilty of an offence if a firearm, firearm part or ammunition for any firearm is kept or found on premises at which the person is residing.

: Maximum penalty--50 penalty units or imprisonment for 12 months, or both.

(7) It is a defence to a prosecution for an offence under subsection (6) if the defendant proves that the defendant--

(a) did not know, and could not reasonably be expected to have known, that the firearm, firearm part or ammunition was on the premises, or

(b) took reasonable steps to prevent the firearm, firearm part or ammunition from being on the premises.

(8) Prohibition on persons attending certain premises A person who is subject to a firearms prohibition order must not without reasonable excuse attend--

(a) the premises specified in a firearms dealer's licence, or

(b) a shooting range, or

(c) the premises of a firearms club, or

(d) any other premises of a kind prescribed by the regulations.

: Maximum penalty--50 penalty units or imprisonment for 12 months, or both.

(9) Membership of a firearms club is not a reasonable excuse for the purposes of subsection (8).

(10) Exemptions The Commissioner may by order exempt a person, either unconditionally or subject to conditions, from a specified provision of this section.

(11) Proof of possession of firearm parts and ammunition For the purposes of any proceedings for an offence under this section, a reference in section 4A to a firearm is taken to include a reference to a firearm part or ammunition.