South Australian Current Acts South Australian Current Acts22—Trafficking in firearms
(1) Subject to this
section, a person who acquires a firearm is guilty of an offence unless—
(a) the
person is authorised to acquire the firearm by a permit under this Part (or
under corresponding legislation of another State or Territory of the
Commonwealth); and
(b)
there is compliance with the prescribed process for acquisition of the
firearm.
(2) If a person
acquires a firearm in contravention of subsection (1), the following
persons are each guilty of an offence:
(a) the
person who supplied the firearm;
(b) a
person who knowingly took, or participated in, a step, or caused a step to be
taken, in the process of acquisition or supply of the firearm;
(c) a
person who knowingly provided or arranged finance for a step in the process of
acquisition or supply of the firearm;
(d) a
person who knowingly provided the premises in which a step in the process of
acquisition or supply of the firearm was taken, or allowed a step in the
process of acquisition or supply of the firearm to be taken in premises of
which the person was an owner, lessee or occupier or of which the person had
care, control or management.
(3)
Subsection (1) does not apply to the acquisition of a firearm by a
licensed dealer in the ordinary course of the dealer's business under the
licence.
(4)
Subsection (1)(b) does not apply to the acquisition of a firearm from a
licensed dealer in the ordinary course of the dealer's business under the
licence, including the acquisition of a firearm from a licensed dealer as the
agent of the owner of the firearm.
(5) It is a defence to
a charge of an offence under subsection (1) or (2) to prove—
(a) that
the acquisition was pursuant to—
(i)
an oral loan or hire agreement, made for the purpose of a
business between persons each of whom was engaged in that same business and
authorised by a firearms licence to possess the firearm for use in the
business, under which the person acquiring the firearm would return the
firearm to the owner within 10 days; or
(ii)
a written loan or hire agreement, made for the purpose of
a business between persons each of whom was engaged in that same business and
authorised by a firearms licence to possess the firearm for use in the
business, under which the person acquiring the firearm would return the
firearm to the owner within 28 days; or
(b) in
the case of a category A, B or H firearm, that—
(i)
the acquisition was pursuant to—
(A) an oral loan or hire agreement made
between the owner of the firearm and a licensee under which the licensee would
only use the firearm for a purpose specified under the agreement and would
return the firearm to the owner within 10 days; or
(B) a written loan or hire agreement made
between the owner of the firearm and a licensee under which the licensee would
only use the firearm for a purpose specified under the agreement and would
return the firearm to the owner within 28 days; and
(ii)
the owner had, immediately before delivering the firearm
to the licensee, inspected the person's licence and was satisfied that the
person was authorised by the licence to possess the firearm for the agreed
purpose; and
(iii)
the owner had no reason to believe that the licensee
would breach the agreement; and
(iv)
in the case of a written agreement—the owner and
the licensee each made and retained a written record relating to the
licensee's acquisition of the firearm in accordance with the regulations; or
(c) the
acquisition was in circumstances prescribed for the purposes of this
subsection by the regulations.
(6) A person who
acquires a firearm pursuant to an oral agreement referred to in
subsection (5)(a) or (b) is guilty of an offence if the person does not
return it to the owner within 10 days.
Maximum penalty:
(a) if
the offence is committed in relation to a prescribed firearm or a category C,
D or H firearm—$10 000 or imprisonment for 2 years;
(b) if
the offence is committed in relation to any other kind of firearm—$5 000
or imprisonment for 1 year.
(7) A person who
acquires a firearm pursuant to a written agreement referred to in
subsection (5)(a) or (b) is guilty of an offence if the person does not
return it to the owner within 28 days.
Maximum penalty:
(a) if
the offence is committed in relation to a prescribed firearm or a category C,
D or H firearm—$10 000 or imprisonment for 2 years;
(b) if
the offence is committed in relation to any other kind of firearm—$5 000
or imprisonment for 1 year.
(8) The regulations
may make provision for, or in relation to, the retention, production and
inspection of written agreements referred to in subsection (5)(a) and
(b).
(9) If a firearm is
acquired by or from a licensed dealer in the ordinary course of the dealer's
business under the licence (including from a licensed dealer as the agent of
the owner of the firearm), the licensed dealer is guilty of an offence if the
dealer fails to comply with the requirements prescribed by the regulations for
the purposes of this subsection.
(10) Subject to this
section, the maximum penalty for a first offence against subsection (1),
(2) or (9) that involves only 1 firearm is as follows:
(a) in
the case of an aggravated offence—
(i)
if the firearm is a prescribed firearm, or a
category C, D or H firearm—$100 000 or imprisonment for
20 years;
(ii)
if the firearm is a category A or B
firearm—$50 000 or imprisonment for 10 years;
(b) in
any other case—
(i)
if the firearm is a prescribed firearm—$75 000
or imprisonment for 15 years;
(ii)
if the firearm is a category C, D or H
firearm—$50 000 or imprisonment for 10 years;
(iii)
if the firearm is any other category of
firearm—$35 000 or imprisonment for 7 years.
(11) Subject to this
section, the maximum penalty for—
(a) a
first offence against subsection (1), (2) or (9) that involves more than
1 firearm; or
(b) a
subsequent offence against subsection (1), (2) or (9),
is imprisonment for 20 years.
(12) A person who has
not previously been found guilty of an offence against subsection (1),
(2) or (9) may, at the discretion of the prosecutor, be prosecuted for a
summary offence except where the offence involves a prescribed firearm, but on
conviction of a summary offence under this section the maximum penalty is
$10 000 or imprisonment for 2 years.
(13) For the purposes
of subsections (10), (11) and (12), a previous offence against—
(a) the
repealed Act; or
(b)
corresponding legislation in another State or Territory of the Commonwealth
(whether committed before or after the commencement of this section),
involving the unlawful acquisition or supply of a firearm is to be regarded as
a previous offence against subsection (1), (2) or (9).
(14) An offence
against subsection (2)(a) or (9) is an aggravated offence if it has been
proved that the person to whom the firearm was supplied by the defendant was
under the age of 18 years.