Weapons Act 1990

A person who unlawfully carries on the business of trafficking in weapons or explosives commits a crime.Minimum penalty—

for an offence, committed by an adult, relating to a category H or R weapon, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—5 years imprisonment served wholly in a corrective services facility; or

for an offence, committed by an adult, relating to a category A, B, C, D or E weapon, a category M crossbow or explosives, if at least 1 of the weapons that the offence relates to is a firearm and the person does not have a reasonable excuse for unlawfully carrying on the business—3¹/₂ years imprisonment served wholly in a corrective services facility.

For the purpose of subsection (1), penalty, paragraph (a) or (b), but without limiting those provisions, it is a reasonable excuse to unlawfully carry on the business of trafficking in weapons or explosives if—

a dealer’s licence was in force within the 12 months immediately before the day the person committed the offence but is no longer in force at the time of the offence; and

the person would have been authorised under this Act to carry on the business at the time of the offence if the licence was still in force at that time; and

it was not a reason for the licence being no longer in force that the licence had been surrendered, suspended or revoked under this Act.

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.