(1) This section applies if, in a prosecution for an offence against section 42 (Offence—unauthorised possession or use of prohibited firearms), the trier of fact is not satisfied that the defendant committed the offence but is satisfied beyond reasonable doubt that the defendant committed an offence against section 43.
(2) The trier of fact may find the defendant guilty of the offence against section 43, but only if the defendant has been given procedural fairness in relation to that finding of guilt.