Victorian Current Acts

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Using firearm to resist arrest etc.

S. 29(1) amended by Nos 40/1988 s. 22, 49/1991 s. 119(1)
(Sch. 2 item 10), 48/1997
s. 60(1)(Sch. 1 item 15), 69/1997
s. 22(1).

    (1)     A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence.

Penalty:     Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum).

S. 29(2) amended by No. 25/1989 s. 20(a).

    (2)     A person who commits an offence against subsection (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that subsection in addition to any penalty to which he or she may be liable for that other offence.

    (3)     In this section—

S. 29(3)(a) amended by No. 24/1990 s. 16, substituted by No. 66/1996 s. 201(1).

            (a)     "firearm" has the same meaning as in the Firearms Act 1996 ; and

            (b)     "imitation firearm" means anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.

S. 30 substituted by No. 10233 s. 8(2), amended by Nos 49/1991 s. 119(1)
(Sch. 2 item 12), 48/1997
s. 60(1)(Sch. 1 item 16).

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