New South Wales Consolidated Acts

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Meaning of "possession" of a firearm--proof of possession

4A Meaning of "possession" of a firearm--proof of possession

(1) Without restricting the meaning of the word
"possession" , for the purposes of any proceedings under this Act, a firearm is taken to be in the possession of a person so long as it is in or on any premises owned, leased or occupied by, or in the care, control or management of, the person, unless the court is satisfied that--
(a) the firearm was placed in or on, or brought into or on to, the premises by or on behalf of a person who was lawfully authorised by or under this Act to possess the firearm, or
(b) the person did not know and could not reasonably be expected to have known that the firearm was in or on the premises, or
(c) on the evidence before it, the person was not in possession of the firearm.
(2) In this section,
"premises" means any place, vehicle, vessel or aircraft.

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