Criminal Code Act 1995

A person commits an offence if:

the person imports a thing; and

the thing is a firearm or firearm part; and

the person imports the firearm or part with the intention of trafficking in the firearm or part; and

importing the firearm or part was prohibited under the Customs Act 1901:

absolutely; or

unless certain requirements were met; and

if subparagraph (d)(ii) applies—the person fails to meet any of those requirements.

A person commits an offence if:

the person imports (on one or more occasions) one or more things; and

the thing is, or the things include, a firearm or firearm part; and

the person imports each firearm or part with the intention of trafficking in the firearm or part; and

importing each firearm or part was prohibited under the Customs Act 1901:

absolutely; or

unless certain requirements were met; and

if subparagraph (d)(ii) applies in relation to an occasion of importation—the person fails to meet any of those requirements; and

any occasion of importation, or 2 or more occasions taken together, results in the importation by the person of:

50 or more firearms; or

50 or more firearm parts; or

a combination of firearms and firearm parts such that the sum of the firearms and the firearm parts is 50 or more; and

if the importation of the firearms or parts mentioned in paragraph (f) resulted from 2 or more occasions of importation taken together—the occasions of importation occurred during a 6 month period.

Absolute liability applies to paragraphs (1)(d) and (2)(d) and (g).

For absolute liability, see section 6.2.

Strict liability applies to paragraphs (1)(e) and (2)(e) and (f).

For strict liability, see section 6.1.

To avoid doubt, it is immaterial for the purposes of paragraphs (2)(b) and (f) whether the firearms or firearm parts are of the same kind.