South Australian Current Acts

FIREARMS ACT 2015 - SECT 37

37—Manufacture of firearms, firearm parts or sound moderators

        (1)         Subject to this section, a person is guilty of an offence if the person manufactures a firearm, firearm part or sound moderator.

        (2)         If a person manufactures a firearm, firearm part or sound moderator in contravention of subsection (1), the following persons are each guilty of an offence:

            (a)         a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of manufacture of the firearm, firearm part or sound moderator;

            (b)         a person who knowingly provided or arranged finance for a step in the process of manufacture of the firearm, firearm part or sound moderator;

            (c)         a person who knowingly provided the premises in which a step in the process of manufacture of the firearm, firearm part or sound moderator was taken, or allowed a step in the process of manufacture of the firearm, firearm part, or sound moderator to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.

        (3)         Subsection (1) does not apply to—

            (a)         the manufacture by a person of a firearm or firearm part in accordance with a licence held by the person; or

            (b)         the manufacture by a person of a sound moderator with the written approval of the Registrar, provided the person complies with any limitations or conditions prescribed by the regulations or imposed by the Registrar.

        (4)         It is a defence to a charge of an offence under subsection (1) or (2) to prove that, in the case of a firearm part—

            (a)         the firearm part was for a firearm registered in the name of the person who manufactured the firearm part; or

            (b)         —

                  (i)         the firearm part was for a firearm registered in the name of a company of which the person who manufactured the firearm part was an officer or employee; and

                  (ii)         the officer or employee was the holder of a licence authorising possession of the firearm; and

                  (iii)         the firearm part was manufactured by the officer or employee in the course of his or her duties as an officer or employee of the company.

        (5)         The maximum penalty for an offence under this section is as follows:

            (a)         in the case of a firearm or firearm part—

                  (i)         if the firearm is a prescribed firearm or the firearm part is a firearm part for a prescribed firearm—$75 000 or imprisonment for 15 years;

                  (ii)         if the firearm is a category C, D or H firearm or the firearm part is a firearm part for a category C, D or H firearm—$50 000 or imprisonment for 10 years;

                  (iii)         if the firearm or firearm part is any other kind of firearm or firearm part—$35 000 or imprisonment for 7 years;

            (b)         in the case of a sound moderator—$35 000 or imprisonment for 7 years.

        (6)         A person may, at the discretion of the prosecutor, be prosecuted for a summary offence except where the firearm is a prescribed firearm or the firearm part is a firearm part for a prescribed firearm, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years.

        (7)         For the purposes of this section, a licensed dealer who assembles, from separate, prefabricated parts, a firearm that is designed to be so assembled, or that is designed to be disassembled for the purpose of transport or storage, will not be taken to have manufactured the firearm.