Firearms Act 1996

A person is guilty of an indictable offence punishable under the Criminal Code if the person possesses a digital blueprint for the manufacture, on a 3D printer or on an electronic milling machine, of a firearm, a firearm part or a firearm sound suppressor.

Subsection (1) does not apply to a person, in relation to a digital blueprint that relates to a firearm, firearm part, or firearm sound suppressor, if the person is – authorised by a licence, or is otherwise permitted under this Act, to manufacture the firearm, firearm part, or firearm sound suppressor; or acting in the ordinary course of the person’s duties as a police officer, a State Service employee or a State Service officer; or employed or engaged by, or is a volunteer in respect of, a person referred to in paragraph (a) or (b) and is in possession of the digital blueprint as part of that employment, engagement or volunteering.

It is a defence to a prosecution for an offence against subsection (1) in relation to a digital blueprint if the defendant proves that – the defendant did not know, and could not reasonably be expected to know, that the defendant possessed the digital blueprint; or the digital blueprint came into the defendant’s possession unsolicited and the defendant, as soon as the defendant became aware that it was a digital blueprint, took reasonable steps to ensure that the digital blueprint ceased to be in the defendant’s possession; or the defendant purchased a firearm, a firearm part or a firearm sound suppressor and the digital blueprint came into the defendant’s possession as part of that purchase solely to enable that firearm, part or suppressor to be remade in accordance with this Act.

It is a defence to a prosecution for an offence against subsection (1) in relation to a digital blueprint if the defendant proves that the conduct of the defendant in relation to the digital blueprint was of public benefit and did not extend beyond conduct that was of public benefit.

For the purposes of subsection (4), conduct is of public benefit only if the conduct is necessary for, or of assistance in – enforcing or administering a law of the State, or of another State, a Territory or the Commonwealth; or monitoring compliance with, or investigating a contravention of, a law of the State, or of another State, a Territory or the Commonwealth; or the administration of justice.

The question of whether a person’s conduct is of public benefit is a question of fact and the person’s motives for engaging in the conduct are irrelevant.

It is a defence to a prosecution for an offence against subsection (1) in relation to a digital blueprint if the defendant proves that the conduct of the defendant in relation to the digital blueprint – was necessary for, or of assistance in, conducting scientific, medical, educational, military or law enforcement research that has been approved by the Minister in writing for the purposes of this section; and did not contravene any conditions of that approval.

In this section – digital blueprint means – any type of digital, or electronic or photographic, reproduction of a technical drawing of the design of an object; or any electronic coding by the application of which an object may be manufactured; possession, in relation to a digital blueprint, includes the following:possession of a computer, or data storage device, holding or containing the digital blueprint; possession of a document in which a digital blueprint is recorded; control of the digital blueprint held in a computer, or contained in a data storage device, that is in the possession of another person (whether the computer or data storage device is in, or outside, this jurisdiction).