Defences for offences against s 67A
67B Defences for offences against s 67A
It is a defence to an offence against section 67A for the person to prove that—
the person did not know, and could not reasonably be expected to have known, that the person possessed or distributed the blueprint material; or
the person possessed or distributed the blueprint material for use for a lawful purpose; orExamples of possession or distribution for use for a lawful purpose—
• a person who holds a licence that authorises the person to manufacture a firearm possesses blueprint material for the manufacture of the firearm
• a person who holds a licence that authorises the person to manufacture a firearm distributes blueprint material for the manufacture of the firearm to an employee who is involved in manufacturing the firearm
the person’s conduct in relation to the blueprint material was of public benefit and did not extend beyond what was of public benefit.
It is a defence to an offence against section 67A relating to the possession of blueprint material for the person to prove that—
the material came into the person’s possession unsolicited; and
as soon as the person became aware of the nature of the material, the person took reasonable steps to ensure the person no longer possessed the material.
For subsection (1)(c)—
conduct is of public benefit only if the conduct is necessary for, or of assistance in—
enforcing or administering a law of a State or the Commonwealth; or
monitoring compliance with, or investigating a contravention of, a law of a State or the Commonwealth; or
the administration of justice; and
the question of whether the person’s conduct is of public benefit is a question of fact and the person’s motive for engaging in the conduct is irrelevant.
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