For regulatory firearms offences in the Northern Territory, the defence of authorisation under s 26(1)(c) and (d) of the Criminal Code is preserved by s 22 of the Code, and the prosecution bears the onus of disproving that the accused acted pursuant to authority or permission lawfully given. Permission given by a police officer in charge of the Firearms Recording Section to take a firearm to a police station for lawful processing may constitute such authorisation. Mere handling of a firearm during unconcluded negotiations does not constitute possession where the other party retains the exclusive right to exercise control over the weapon.
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