Firearms Amendment (Trafficking) Act 2001 (NSW)

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An Act to amend the Firearms Act 1996 to make further provision for the regulation and control of firearms; to amend the Criminal Assets Recovery Act 1990; and for other purposes.

1Name of Act

This Act is the Firearms Amendment (Trafficking) Act 2001.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Amendment of Firearms Act 1996 No 46

The Firearms Act 1996 is amended as set out in Schedule 1.

4Amendment of Criminal Assets Recovery Act 1990 No 23

The Criminal Assets Recovery Act 1990 is amended as set out in Schedule 2.

Schedule 1Amendment of Firearms Act 1996

(Section 3)

[1]Section 4 Definitions

Insert in alphabetical order in section 4 (1):

close associate—see section 4B.

purchase includes:

  • (a)

    purchase by wholesale, retail, auction or tender, and

  • (b)

    obtain by barter or exchange, and

  • (c)

    cause or allow anything referred to above.

sell includes:

  • (a)

    sell by wholesale, retail, auction or tender, and

  • (b)

    dispose by barter or exchange, and

  • (c)

    sell for profit, and

  • (d)

    offer for sale, receive for sale, have in possession for sale or expose or exhibit for sale, and

  • (e)

    conduct negotiations for sale, and

  • (f)

    consign or deliver for sale, and

  • (g)

    cause or allow anything referred to above.

[2]Section 4 (1)

Insert “receiver,” after “frame,” in the definition of firearm part.

[3]Section 4 (1)

Omit “buys” from paragraph (a) of the definition of firearms dealer.

Insert instead “purchases”.

[4]Section 4 (1)

Insert after the definition of possession:

Note—

See also section 4A.

[5]Sections 4A and 4B

Insert after section 4:

4AMeaning 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.

4BMeaning of “close associate” of firearms dealer(1)

For the purposes of this Act, a person is a close associate of an applicant for, or the holder of, a firearms dealer licence if the person:

  • (a)

    holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.