Arms Legislation Bill

  • enacted
59 Section 43A replaced (Mail order sale of firearm or ammunition)

Replace section 43A with:

43A Mail order or Internet sale of arms items or ammunition

(1)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, sells by mail order or a transaction on the Internet any arms item (other than an airgun for use in airsoft or paintball sports), or any ammunition for a firearm or restricted weapon, otherwise than under a written order

(a)

signed by the purchaser; and

(b)

stating the identifying markings on the arms item; and

(c)

bearing an endorsement signed by a member of the Police and stating that the member of the Police

(i)

has inspected the purchaser’s firearms licence; and

(ii)

is satisfied that the purchaser is a fit and proper person to purchase the arms item or ammunition.

(2)

Nothing in subsection (1) applies in relation to

(a)

any pistol, restricted weapon, or prohibited item; or

(b)

any ammunition for a firearm of the kind described in section 22(1)(a), (b), or (c).

(3)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, sells any pistol, restricted weapon, or prohibited item

(a)

by mail order; or

(b)

by a transaction on the Internet, unless

(i)

the purchaser has obtained an endorsement on their dealer’s licence or firearms licence that authorises them to possess a pistol, restricted weapon, or prohibited item; and

(ii)

the purchaser has, in the case of a pistol, restricted weapon, prohibited firearm, or prohibited magazine, obtained a permit to possess that pistol, restricted weapon, prohibited firearm, or prohibited magazine; and

(iii)

the pistol, restricted weapon, or prohibited item is delivered by a courier specified in the permit or, in the case of a prohibited part, a form specified by the Police.

43A Mail order or Internet sale of arms items or ammunition

(1)

A person must not sell by mail order or on the Internet any item specified in subsection (2), otherwise than under a written order

(a)

signed by the purchaser; and

(b)

signed by a member of the Police stating that the member of the Police

(i)

has inspected the purchaser’s firearms licence; and

(ii)

has inspected, in the case of an item specified in subsection (2)(d), the permit issued to the purchaser under section 35AAA; and

(iii)

is satisfied that the purchaser is a fit and proper person to purchase the item; and

(c)

recording, in the case of the sale of an item specified in subsection (2)(a), (b), (c), or (d), the marking on the item.

(2)

The items referred to in subsection (1) are

(a)

non-prohibited firearms:

(b)

non-prohibited magazines:

(c)

non-prohibited parts:

(d)

pistol carbine conversion kits:

(e)

airguns (other than an airgun for use in airsoft or paintball sports):

(f)

ammunition (other than ammunition for a firearm of the kind described in section 22(1)(a), (b), or (c).

(3)

A person must not sell by mail order or on the Internet any prohibited item, pistol, or restricted weapon, unless

(a)

the purchaser has obtained an endorsement on their dealer’s licence or firearms licence that authorises them to possess a prohibited item, pistol, or restricted weapon; and

(b)

the purchaser has, in the case of a prohibited firearm, prohibited magazine, pistol, or restricted weapon, obtained a permit to possess that prohibited firearm, prohibited magazine, pistol, or restricted weapon; and

(c)

the prohibited item, pistol, or restricted weapon is delivered by a courier specified in the permit referred to in paragraph (b) or, in the case of a prohibited part, a form specified by the Police.

(4)

A person commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the person, without reasonable excuse, contravenes subsection (1) or (3).