Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) For this Act, a person is not taken to have possession of a firearm only because the firearm is at premises owned, leased or occupied by the person if—
(a) the person does not know that the firearm is at the premises; or
Example
Stuart buys a house from Bob. The house has ducted heating, and the old fireplace cannot be used. Bob owns a firearm but, before moving out, he hides it in a cavity in the house's chimney. Stuart does not know that Bob hid the firearm in the chimney. Stuart does not have possession of the firearm because he does not know that the firearm is in the chimney.
(b) someone else who is authorised to possess the firearm—
(i) is also at the premises; or
(ii) has the care, control or management of the firearm; or
Example—par (b) (i)
Charlotte is giving Bruce a lift in her car to a shooting range. Bruce is licensed and has his registered firearm with him. Charlotte is not in possession of the firearm because Bruce is authorised to possess the firearm and he is in the car.
Example—par (b) (ii)
Isabel and Roy share a house. Roy is licensed and stores his registered firearm in the house. Isabel does not have access to the firearm and has nothing to do with it. Isabel is not in possession of the firearm even when Roy, the person authorised to possess the firearm, is not at the house, because Roy is the person who has the care, control or management of the firearm.
Note Premises includes vehicles (see dict).
(c) someone else who is not authorised to possess the firearm has the care, control or management of the firearm; or
(d) the trier of fact is otherwise satisfied that the person was not in possession of the firearm.
(2) To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a matter mentioned in subsection (1) has the evidential burden in relation to the matter.