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FIREARMS (MISCELLANEOUS) AMENDMENT ACT 2013 (NO 92 OF 2013) - SECT 13

13—Amendment of section 29A—Possession etc of silencer and certain parts of firearms

Section 29A(1) and (2)—delete subsections (1) and (2) and substitute:

        (1)         A person who acquires, owns or has possession of a silencer is guilty of an offence.

        (2)         A person who has possession of—

            (a)         a mechanism or other fitting that can be fitted to a firearm to convert it to an automatic firearm; or

            (b)         a mechanism or other fitting that, when fitted to a suitable firearm, will enable the firearm to fire grenades or other explosive projectiles,

is guilty of an offence unless the person is authorised to have possession of the mechanism or other fitting by a firearms licence.

        (2a)         Subject to this section, the maximum penalty for an offence against subsection (1) or (2) is $10 000 or imprisonment for 2 years.

        (2b)         The maximum penalty for an aggravated offence against subsection (1) or (2) is $75 000 or imprisonment for 15 years.

        (2c)         An offence against subsection (1) consisting of possession of a silencer is an aggravated offence if it has been proved that—

            (a)         the silencer to which the offence relates was fitted to a firearm; or

            (b)         the offender had physical possession or control of the silencer together with a firearm to which the silencer could be fitted.

        (2d)         An offence against subsection (2) is an aggravated offence if it has been proved that—

            (a)         the mechanism or other fitting to which the offence relates was fitted to a firearm; or

            (b)         the offender had physical possession or control of the mechanism or other fitting together with a firearm to which the mechanism or other fitting could be fitted.



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