1 Short title

This Act may be cited as the Weapons and Other Legislation (Firearms Offences) Amendment Act 2019.

2 Code amended

This part amends the Criminal Code.

3 Insertion of new ss 317AA and 317AB

After section 317 —

insert—

317AA Discharging firearm or other loaded arms with intent to resist arrest A person who, with intent to resist or prevent the lawful arrest or detention of the person or another person—

(a) discharges any firearm or other loaded arms; or

(b) attempts to discharge any firearm or other loaded arms;

commits a crime. Maximum penalty—25 years imprisonment.

317AB Use or possession of offensive weapon or instrument with intent to resist arrest or prevent investigation

(1) A person who uses, attempts to use, threatens to use or possesses an offensive weapon or instrument with intent to prevent or hinder—

(a) the lawful apprehension or detention of the person or another person; or

(b) the investigation by a police officer of an act or circumstance that reasonably calls for investigation by the officer;

commits a crime. Maximum penalty—15 years imprisonment.

(2) A person who commits an offence against subsection (1) in company of 1 or more persons is liable to imprisonment for 18 years.

4 Amendment of s 398 (Punishment of stealing)

Section 398, punishment in special cases, clause 15, ‘10 years’—

omit, insert—

14 years

5 Act amended

This part amends the Police Powers and Responsibilities Act 2000.

6 Amendment of s 30 (Prescribed circumstances for searching persons without warrant)

Section 30 (a) (i), ‘or an interstate domestic violence order’—

omit, insert—

, an interstate domestic violence order or a firearms prohibition order

7 Amendment of s 32 (Prescribed circumstances for searching vehicle without warrant)

Section 32 (1) (a), ‘or an interstate domestic violence order’—

omit, insert—

, an interstate domestic violence order or a firearms prohibition order

8 Insertion of new s 808AA

After section 808 —

insert—

808AA Review of additional powers for firearms prohibition orders

(1) The public interest monitor must ensure the operation and effectiveness of the powers of a police officer under sections 19, 29 and 31, in relation to a person who is subject to a firearms prohibition order, are reviewed.

(2) The public interest monitor must give a report of the outcome of the review to the Minister within 3 years after the commencement of the operation of the powers.

(3) As soon as practicable after receiving the report, the Minister must table a copy of the report in the Legislative Assembly.

9 Amendment of sch 6 (Dictionary)

Schedule 6 —

insert—

"firearms prohibition order" see the Weapons Act 1990, section 141C(1).

10 Act amended

This part amends the Weapons Act 1990.

11 Amendment of s 57 (Particular conduct involving a weapon in a public place prohibited)

Section 57 (3) and (4), penalty—

omit, insert—

12 Insertion of new s 57A

After section 57 —

insert—

57A Firing at dwelling houses, buildings or vehicles

(1) A person must not fire a firearm at a dwelling house, another building or a vehicle with reckless disregard for the safety of any person. Maximum penalty—14 years imprisonment.

(2) A person must not, during a public disorder, fire a firearm at a dwelling house, another building or a vehicle with reckless disregard for the safety of any person. Maximum penalty—16 years imprisonment.

(3) A person must not, in the course of an organised criminal activity, fire a firearm at a dwelling house, another building or a vehicle with reckless disregard for the safety of any person. Maximum penalty—16 years imprisonment.

(4) In the prosecution of an offence against subsection (1), (2) or (3), it is not necessary to prove that a person was actually placed in danger by the firing of the firearm.

(5) In this section—
"public disorder" means a riot or other civil disturbance that gives rise to a serious risk to public safety, whether at a single location or resulting from a series of incidents at the same or different locations.

13 Insertion of new ss 67A and 67B

After section 67 —

insert—

67A Possession of digital blueprint and device for manufacture of firearms

(1) A person must not possess—

(a) a digital blueprint for the manufacture of a firearm; and

(b) a 3D printer, electronic milling machine or other device capable of manufacturing the firearm mentioned in paragraph (a).

Maximum penalty—14 years imprisonment.

(2) Subsection (1) does not apply to a person who—

(a) is authorised by an armourer’s licence to manufacture the firearm concerned; or

(b) is acting in the ordinary course of the person’s duties as a member, other than a police officer, of the Queensland Police Service.

(3) In this section—
"digital blueprint" means any type of digital, or electronic, reproduction of a technical drawing of the design of an object.
"possession", of a digital blueprint, includes the following—

(a) possession of a computer or data storage device holding or containing the blueprint or of a document in which the blueprint is recorded;

(b) control of the blueprint held in a computer that is in the possession of another person, whether the computer is within or outside the State.

67B Defences for offence against s 67A

(1) It is a defence to a prosecution for an offence against section 67A(1) if the defendant proves the defendant did not know, and could not reasonably be expected to have known, that the defendant possessed the digital blueprint concerned.

(2) It is a defence to a prosecution for an offence against section 67A(1) if the defendant proves the digital blueprint concerned came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware of its nature, took reasonable steps to dispose of, or destroy, it.

(3) It is a defence to a prosecution for an offence against section 67A(1) if the defendant proves the conduct engaged in by the defendant—

(a) was of public benefit; and

(b) did not extend beyond what was of public benefit.

(4) For subsection (3), conduct is of public benefit if, and only if, the conduct is necessary for or of assistance in—

(a) enforcing or administering a law of the State, another State or the Commonwealth; or

(b) monitoring compliance with, or investigating a contravention of, a law of the State, another State or the Commonwealth; or

(c) the administration of justice.

(5) The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant.

(6) It is a defence to a prosecution for an offence against section 67A(1) if the defendant proves the conduct engaged in by the defendant was necessary for or of assistance in conducting scientific, medical, educational, military or law enforcement research.

14 Insertion of new pt 5A

After part 5 —

insert—

15 Amendment of s 142 (Right to apply for review of decisions)

Section 142 (1) —

insert—

(g) a decision imposing a firearms prohibition order.

16 Amendment of s 145 (Applicant may carry on business pending review)

Section 145 —

insert—

(2) Subsection (1) does not apply if a firearms prohibition order is in effect against the person.

17 Amendment of sch 2 (Dictionary)

Schedule 2 —

insert—

"firearms prohibition order" see section 141C(1).