43B Restriction on sales of ammunition

(1)

Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who sells or supplies ammunition for any firearm or restricted weapon to a person who is not—

(a)

the holder of a firearms licence; or

(b)

a licensed dealer.

(2)

In any prosecution for an offence against subsection (1) in which it is proved that the defendant sold or supplied ammunition for a firearm or restricted weapon to any person, the burden of proving that that person was—

(a)

the holder of a firearms licence; or

(b)

a licensed dealer,—

shall lie on the defendant.

(3)

It is a good defence to a prosecution for an offence against subsection (1) if the defendant proves—

(a)

that the ammunition was supplied to a person for use under the immediate supervision of the holder of a firearms licence; and

(b)

that at all times while the person to whom the ammunition was supplied was in possession of the ammunition, that person was under the immediate supervision of the holder of a firearms licence.

(4)

A defendant may, in the case of a prosecution for an offence against subsection (1), discharge the burden of proof placed on the defendant by subsection (2) by proving that the defendant took reasonable steps to ascertain whether the person to whom the ammunition was sold or supplied was—

(a)

the holder of a firearms licence; or

(b)

a licensed dealer.

(5)

Nothing in this section applies in relation to any ammunition for a firearm to which paragraph (a) or paragraph (b) or paragraph (c) of section 22(1) applies.

Section 43B: inserted, on 1 November 1992, by section 21 of the Arms Amendment Act 1992 (1992 No 95).

Section 43B(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).