Defences in respect of firearms and explosives manufacture material
474.45J Defences in respect of firearms and explosives manufacture material
State or Territory licences or permits
Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:
either:
the person (the business owner) carries on a business in relation to firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; or
the person performs work for such a business; and
the business owner holds a licence or permit (however described):
that was granted by a State or a Territory or an authority of a State or a Territory; and
that authorises the manufacture, repair, maintenance or modification of those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
that is in force; and
the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
the conduct is in connection with the carrying on of that business.
A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct by a person in relation to material if:
the person holds a licence or permit (however described):
that was granted by a State or a Territory or an authority of a State or a Territory; and
that authorises the manufacture, repair, maintenance or modification of firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices; and
that is in force; and
the material relates to those firearms, firearm accessories, firearm parts, firearm magazines or explosives or other lethal devices.
A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
Other exceptions
Subsection 474.45G(1) or 474.45H(1) does not apply to engaging in conduct in relation to material if:
the conduct is necessary for enforcing a law of:
the Commonwealth; or
a State; or
a Territory; or
a foreign country; or
a part of a foreign country; or
the conduct is necessary for monitoring compliance with, or investigating a contravention of, a law of:
the Commonwealth; or
a State; or
a Territory; or
a foreign country; or
a part of a foreign country; or
the conduct is for the purposes of proceedings in a court or tribunal; or
both:
the conduct is necessary for, or of assistance in, conducting scientific, academic or historical research; and
the conduct is reasonable in the circumstances for the purpose of conducting that scientific, academic or historical research; or
both:
the conduct is in connection with the performance by a public official of the official’s duties or functions; and
the conduct is reasonable in the circumstances for the purpose of the public official performing that duty or function; or
both:
the conduct is in connection with an individual assisting a public official in relation to the performance of the public official’s duties or functions; and
the conduct is reasonable in the circumstances for the purpose of the individual assisting the public official in relation to the performance of the public official’s duties or functions.
A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).
Functions
The references in this section to function or functions do not, by implication, affect the meaning of the expressions duty or duties when used in any other provision of this Code.
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