Western Australian Current Acts Western Australian Current Acts (1) In this section
—
circumstances of aggravation means circumstances
in which —
(a) a
prohibited firearm accessory is fitted to a firearm; or
(b) a
person has physical possession of a prohibited firearm accessory, together
with a firearm —
(i)
to which the prohibited firearm accessory may be fitted;
or
(ii)
in conjunction with which the prohibited firearm
accessory may be used.
(2) A person who
acquires, sells, is in possession of, or uses a prohibited firearm accessory
commits an offence.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(3) A person who
acquires, sells, is in possession of, or uses a prohibited firearm accessory
in circumstances of aggravation commits a crime.
Penalty for this subsection: imprisonment for 7
years.
(4) A person does not
commit an offence under subsection (2) or (3) if the person acquires, sells,
is in possession of, or uses a prohibited firearm accessory —
(a) in
accordance with an approval granted under section 23AB(1); or
(b) in
accordance with a licence upon which an approval under section 16I(1), (2) or
(3) is endorsed under section 16I(6); or
(c) in
the course of the performance of the person’s duties as a member of the
Police Force or an employee of the Department; or
(d) in
the course of the performance of the person’s duties as a member of the
armed forces of the Crown or a member of any other disciplined force specified
by the Governor for the purposes of this paragraph by notice in the Gazette .
(5) A person does not
commit an offence under subsection (2) or (3) if the person —
(a) is a
responsible person (as defined in section 33A(3)(b)) or an approved person (as
defined in section 33A(3)(c)); and
(b) is
in possession of a prohibited firearm accessory surrendered under
section 33A(1)(b), in accordance with an approval given by the Commissioner
under section 33A(2).
(6) A person does not
commit an offence under subsection (2) or (3) if —
(a) the
person is in possession of a prohibited firearm accessory in a place or
vehicle solely by reason of the operation of section 4A(d) or (e); and
(b) the
prohibited firearm accessory is in the lawful possession of another person at
that time.
[Section 23AA inserted: No. 13 of 2022 s. 43.]