Commonwealth Numbered Regulations - Explanatory Statements

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CRIMINAL CODE AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 30

STATUTORY RULES 2003 No. 30

Issued by the authority of the Minister for Justice and Customs

Criminal Code Act 1995

Criminal Code Amendment Regulations 2003 (No. 1)

Section 5 of the Criminal Code Act 1995 (the Code) provides that the Governor-General may make regulations prescribing matters necessary or convenient to be prescribed for carrying out or giving effect to the Code.

Division 360 of the Code sets out two cross-border firearms trafficking offences. The first offence, contained in subsection 360.2, makes it unlawful, in the course of trade and commerce between the States and Territories, to dispose of or acquire a firearm where the disposal or acquisition of that firearm is an offence under a State or Territory firearm law.

The second offence, contained in subsection 360.3, makes it unlawful, in the course of trade and commerce between the States and Territories, to take or send a firearm from one State or Territory to another, intending that the firearm will be disposed of in the other State or Territory in circumstances that would constitute an offence against the firearm law of that other State or Territory.

Subsections 360.2(3) and 360.3(2) of the Code define a firearm law as a law of a State or Territory which is prescribed by the regulations for the purposes of the Division.

The purpose of Regulations is to prescribe the relevant State and Territory laws to give effect to the cross-border firearm trafficking offences in subsections 360.2 and 360.3 of the Code. These offences make it unlawful, in the course of trade and commerce between the States and Territories, to either dispose of or acquire a firearm where the disposal or acquisition of that firearm is an offence under a State or Territory firearm law, or to take or send a firearm from one State or Territory to another, intending that the firearm will be disposed of in the other State or Territory in circumstances that would constitute an offence against the firearm law of that other State or Territory.

The Regulations commenced on gazettal.