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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Firearms Offences)
Bill 2015
A BILL FOR
An Act to amend the
Criminal
Law Consolidation Act 1935
and the
Criminal
Law (Sentencing) Act 1988
.
Contents
Part 2—Amendment of Criminal Law
Consolidation Act 1935
Part 7C—Derivative liability for certain
offences
267AAOffence where
unlawfully supplied firearm used in subsequent offence
Part 3—Amendment of Criminal Law
(Sentencing) Act 1988
5Amendment of section
20AA—Interpretation
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Firearms Offences)
Act 2015.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
After section 267 insert:
Part 7C—Derivative liability for certain
offences
267AA—Offence where unlawfully supplied firearm
used in subsequent offence
(1) A person (the
accused) commits an offence against this section
if—
(a) he or she is found
guilty of a prescribed firearm offence in which he or she supplied a firearm to
another person; and
(b) that firearm is
used in the commission of an offence against this Act (the subsequent
offence); and
(c) a person (the
subsequent offender) has been found guilty of the subsequent
offence.
Maximum penalty: Imprisonment for a term not exceeding the maximum term
that may be imposed for the subsequent offence.
(2) For the purposes of
subsection (1)
—
(a) the subsequent offence may be committed before or after the accused is
found guilty of the prescribed firearm offence; and
(b) the subsequent offender need not be the person to whom the accused
supplied the firearm in respect of the prescribed firearm offence.
(3) For the purposes of
subsection (1)(c)
, a reference to a person being found guilty of a subsequent offence will
be taken to include a reference to a finding of a court under Part 8A that
the objective elements of the offence are established (whether or not the person
was found not guilty of the offence, or was found to be mentally unfit to stand
trial, pursuant to Division 2 or 3 of that Part).
(4) At the trial of an accused for an offence against this section, the
prosecution need not prove the accused knew or suspected, or ought to have known
or suspected, that—
(a) the firearm referred to in
subsection (1)(a)
would be, or was, used in the commission of an offence against this Act;
or
(b) the subsequent offender would commit, or be found guilty of, an
offence against this Act.
(5) A person may be charged with an offence against this section and the
prescribed firearm offence in the same instrument of charge.
(6) In this section—
prescribed firearm offence means an offence against
section 10C(10) or 14(1)(b) of the
Firearms
Act 1977
.
Part 3—Amendment
of Criminal Law (Sentencing)
Act 1988
5—Amendment
of section 20AA—Interpretation
Section 20AA(1), definition of serious firearm
offence—after paragraph (e) insert:
; or
(f) an offence against section 10C(10) of the
Firearms
Act 1977
; or
(g) an offence against section 14 of the
Firearms
Act 1977
.