Weapons Act 1990

A person must not, with reckless disregard for the safety of any person, discharge a weapon towards a building or vehicle.Maximum penalty—

for an offence that is a prescribed offence—1,000 penalty units or 20 years imprisonment; or

otherwise—800 penalty units or 16 years imprisonment.

For subsection (1), it is irrelevant whether a person’s safety was in fact endangered by the discharging of the weapon.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of the Attorney-General or the Director of Public Prosecutions.

In this section—prescribed offence means—

an offence against this section if, when the offence was committed, the offender was a participant in a criminal organisation; or

an offence against this section that relates to—

a building that is, or is on, a place of religious worship; or

a vehicle that is in or on a place of religious worship; or

an offence against this section if the offender was wholly or partially motivated to commit the offence by hatred or serious contempt for a person or group of persons based on—

in relation to a person—an attribute, or presumed attribute, of the person mentioned in the Criminal Code, section 52B(1)(a); or

in relation to a group of persons—an attribute mentioned in the Criminal Code, section 52B(1)(b) that is shared, or presumed to be shared, by the members of the group.