Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) A person commits an offence if the person contravenes a relevant provision on 3 or more separate occasions over a 12-month period.
Maximum penalty: imprisonment for 20 years.
(2) If, on the trial of a person for an offence against subsection (1), more than 3 occasions are relied on as evidence of the commission of the offence, the trier of fact must be satisfied as to the same 3 occasions in order to find the person guilty of the offence.
Example
During a 12-month period starting in January, Jonah sells 7 unregistered firearms as follows:
• on 8 January Adam and Beth each buy an unregistered firearm from Jonah (2 occasions);
• on 14 June Jonah sells 3 unregistered firearms to Cate in a single transaction (1 occasion);
• on both 5 and 16 December Jonah sells an unregistered firearm to David (2 occasions).
None of the people involved in the transactions are licensed firearms dealers or authorised by a licence or permit to possess the firearms the subject of the transactions.
Evidence of these transactions forms the basis of 5 separate offences against section 226. Jonah is charged with 1 offence against section 220 (1). In order for Jonah to be convicted of the offence, the trier of fact must be satisfied that Jonah contravened section 226 on at least 3 of the occasions, and be satisfied as to the same 3 occasions.
(3) If, on the trial of a person for an offence against subsection (1), the trier of fact is not satisfied that the offence is proven, but is satisfied that the person, in relation to an occasion relied on as evidence of commission of the offence against subsection (1), committed an offence against a relevant provision, the trier of fact may acquit the person of the offence charged and find the person guilty of the offence against the relevant provision.
(4) To remove any doubt, a person may not be tried for an offence against subsection (1) in relation to the contravention of a relevant provision on an occasion if the person has been convicted or acquitted of the contravention.
(5) A person commits an offence if the person—
(a) contravenes a relevant provision; and
(b) the contravention is the acquisition or disposal of 4 or more firearms on the same occasion.
Maximum penalty: imprisonment for 20 years.
(6) In this section:
"relevant provision" means—
(a) section 177 (1) (Offence—unregistered firearms); or
(b) section 226 (Offence—unlawful disposal of firearms); or
(c) section 227 (Offence—unlawful acquisition of firearms).