Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 23

People exempt from Act etc

    (1)     A person mentioned in schedule 2, part 2.2, column 2 is exempt from this Act in relation to a firearm the person possesses or uses in the circumstances mentioned in column 3 for the person.

    (2)     A person mentioned in schedule 2, part 2.3, column 2 does not commit an offence against this Act in relation to a firearm the person possesses or uses in the circumstances mentioned in column 3 for the person.

    (3)     A person mentioned in schedule 2, part 2.4, column 2 does not commit an offence against this Act in relation to a firearm in the circumstances mentioned in column 3 for the person.

    (4)     To remove any doubt, a defendant to a prosecution for an offence against this Act who wishes to rely on a circumstance mentioned in schedule 2, part 2.2, part 2.3 or part 2.4, column 3 has the evidential burden in relation to the circumstance.

    (5)     For this section, a person is exempt from, or does not commit an offence against, this Act including because of an exception or immunity under a Commonwealth law.

Note 1     This Act can only bind the Crown in right of the Commonwealth if regulations under the Australian Capital Territory (Self-Government) Act 1988

(Cwlth), s 27 allow it to do so.

Note 2     A regulation may also exempt a person from this Act (see s 272 (2) (r)).



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