Criminal Code Amendment (Firearms) Act 2013 (TAS)

Criminal Code Amendment (Firearms) Act 2013

An Act to amend the Criminal Code Act 1924

[Royal Assent 13 December 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Criminal Code Amendment (Firearms) Act 2013 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, the Criminal Code Act 1924 is referred to as the Principal Act. 4Schedule 1 amended (Criminal Code) Schedule 1 to the Principal Act is amended as follows: (a) by inserting the following section after section 234 in Chapter XXIV: 234AStealing firearm or firearm part (1)  A person who steals a firearm or firearm part is guilty of a crime.Charge:  Stealing a firearm or firearm part. (2)  For the purposes of this section – firearm has the same meaning as in the Firearms Act 1996 ; firearm part has the same meaning as in the Firearms Act 1996 . (b) by inserting the following Chapter after section 239 : Chapter XXVACrimes relating to firearms and firearm parts 239AInterpretation In this Chapter – firearm has the same meaning as in the Firearms Act 1996 ; firearm part has the same meaning as in the Firearms Act 1996 . 239BRecklessly discharging a firearm A person who discharges a firearm recklessly or without due regard to the safety of any other person or property is guilty of a crime.Charge: Recklessly discharging a firearm. 239CPossession or use of firearm or firearm part A person who is subject to a firearms prohibition order under the Firearms Act 1996 and who possesses or uses a firearm or firearm part is guilty of a crime.Charge: Possession or use of a firearm or firearm part by person who is subject to a firearms prohibition order. 239DSelling or giving possession of firearm or firearm part A person who sells, or gives possession of, a firearm or firearm part to another person, knowing that the other person is prohibited from possessing a firearm under a firearms prohibition order under the Firearms Act 1996 , is guilty of a crime.Charge: Selling, or giving possession of, firearm or firearm part to person who is subject to a firearms prohibition order. 239EPossession of firearm or firearm part For the purposes of this Chapter, a person is taken to possess a firearm or firearm part if – (a) the firearm or firearm part is found in or on any premises, structure, vehicle, vessel, aircraft or other place; and (b) the person is in, on, or in occupation of, the premises, structure, vehicle, vessel, aircraft or place where the firearm or firearm part is found. 5Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which it commences.

[Second reading presentation speech made in:

House of Assembly on 14 NOVEMBER 2013

Legislative Council on 21 NOVEMBER 2013]