27—Requirement to register firearms
(1) A person is guilty
of an offence if the person has possession of an unregistered firearm.
(2) It is a defence to
a charge of an offence under subsection (1) to prove that the firearm
came into the defendant's possession lawfully not more than 14 days
before the alleged date of the offence and that it was not reasonably
practicable in the circumstances for the firearm to be registered by the time
of the alleged offence.
(3) A person who is
the owner of a firearm is guilty of an offence if the firearm is not
registered in the person's name.
(4)
Subsection (3) does not apply to—
(a) the
owner of a firearm if the registration of the firearm is cancelled under
section 30(6); or
(b) a
person who is the owner of a firearm by virtue of his or her possession of the
firearm in a representative capacity while authorised under an Act or law to
manage the estate or property of another who has died, lacks legal capacity,
is unable to manage his or her affairs or is insolvent.
(5) It is a defence to
a charge of an offence under subsection (3) to prove that ownership of
the firearm passed to the defendant lawfully not more than 14 days before
the alleged date of the offence and that it was not reasonably practicable in
the circumstances for the firearm to be registered in the defendant's name by
the time of the alleged offence.
(6) The maximum
penalty for an offence under this section is as follows:
(a) if
the firearm is a prescribed firearm—$35 000 or imprisonment for
7 years;
(b) if
the firearm is a category C, D or H firearm—$20 000 or
imprisonment for 4 years;
(c) if
the firearm is any other category of firearm—$10 000 or
imprisonment for 2 years.