An imitation or replica firearm that is not capable of propelling a projectile cannot be a 'prohibited firearm' under s 7(1)(a)(i) of the Firearms Act 1996 (ACT), and possession of such an item does not constitute an offence under s 42. The ACT legislature must amend the Act if it wishes to criminalise possession of imitation or replica firearms that are not firearms as defined in s 6. The case also provides a thorough application of the four conditions that must be met before a court may read additional or different words into a statute to cure a drafting error.
The full text is available to signed-in members, including the 4 later cases that cite this judgment.