(1) A person (the disposer ) must not dispose of or take part in the disposal of a firearm to someone else (the acquirer ) unless—
(a) the acquirer and disposer are each authorised by a licence or permit to possess the firearm; and
(b) the following documents have been produced to, and inspected by, the disposer:
(i) the acquirer's licence or permit;
(ii) if the acquirer is not a licensed firearms dealer—
(A) the acquirer's permit to acquire the firearm; or
(B) a permit (however described) in force under the law of a State or another Territory that authorises the acquisition of the firearm; and
(c) if neither the acquirer nor disposer is a licensed firearms dealer—the disposal has been arranged through a licensed firearms dealer as prescribed by regulation.
Maximum penalty:
(a) if the firearm is a prohibited firearm—imprisonment for 10 years; or
(b) in any other case—imprisonment for 5 years.
(2) Subsection (1) does not apply in relation to—
(a) the surrender of a firearm to a police officer; or
(b) a firearm to be temporarily stored by a licensed firearms dealer for a person who has possession of the firearm because of the death of the individual authorised to possess it; or
Note See s 237 (Offence—disposal of firearms by unauthorised holders generally).
(c) a person who inherits a firearm and disposes of it to a licensed firearms dealer.
Note See s 238 (Offence—disposal of inherited firearms).
(3) In this section:
"takes part"—a person takes part in the disposal of a firearm if the person—
(a) takes, or takes part in, a step, or causes a step to be taken, in the process of the disposal; or
(b) provides or arranges finance for a step in the process; or
(c) provides the premises where a step in the process is taken, or allows a step in the process to be taken at premises of which the person is the owner, lessee or occupier or of which the person has the care, control or management.