38—Alteration of firearms
(1) A person who,
without the written approval of the Registrar, alters a firearm that has been
rendered unusable so that, as a result of the alteration, the firearm becomes
capable of being used as a firearm, is guilty of an offence.
Maximum penalty:
(a) if
the firearm is a prescribed firearm—$75 000 or imprisonment for
15 years;
(b) if
the firearm is a category C, D or H firearm—$50 000 or
imprisonment for 10 years;
(c) if
the firearm is any other category of firearm—$35 000 or
imprisonment for 7 years.
(2) A person who
alters a firearm so that, as a result of the alteration, the firearm becomes a
firearm of a different category (whether temporarily or permanently), is
guilty of an offence unless—
(a) the
person is authorised by a licence, at the time of the alteration, to possess
firearms of the categories to which the firearm belongs both before and after
the alteration; and
(b) the
alteration has been approved by the Registrar or is permitted under
regulations made for the purposes of this subsection.
Maximum penalty:
(a) if
the firearm as altered is a prescribed firearm—$75 000 or
imprisonment for 15 years;
(b) if
the firearm as altered is a category C, D or H
firearm—$50 000 or imprisonment for 10 years;
(c) if
the firearm as altered is any other category of firearm—$35 000 or
imprisonment for 7 years.
(3) A person who
attempts to commit an offence against subsection (1) or (2) is guilty of
the offence of attempting to commit that offence.
Maximum penalty: $15 000 or imprisonment for 4 years.