Crimes Act 1900

Any person who—

possesses a loaded firearm or loaded spear gun—

in a public place, or

in any other place so as to endanger the life of any other person, or

fires a firearm or spear gun in or near a public place, or

carries or fires a firearm or spear gun in a manner likely to injure, or endanger the safety of, himself or herself or any other person or any property, or with disregard for the safety of himself or herself or any other person,

A person is guilty of an offence under this subsection if the person commits an offence under subsection (1) in circumstances of aggravation.

For the purposes of this section—

a firearm is to be regarded as being loaded if there is ammunition—

in its chamber or barrel, or

in any magazine or other device which is in such a position that the ammunition can be fitted into its chamber or barrel by operation of some other part of the firearm, and

a spear gun is to be regarded as being loaded if a spear, or an instrument or thing similar to a spear, is fitted to it.

A person is not guilty of an offence under this section for possessing or doing anything referred to in subsection (1) if the person satisfies the court that he or she had a reasonable excuse for possessing it or doing it or possessed it or did it for a lawful purpose.

If, on the trial of a person for an offence under subsection (1A), the jury is not satisfied the person is guilty of an offence under subsection (1A) but is satisfied the person is guilty of an offence under subsection (1), the jury may find the person—

not guilty of an offence under subsection (1A), and

guilty of an offence under subsection (1).

In this section—

a pistol, or

a prohibited firearm.