Discharging a firearm reckless to safety of a police officer or a protective services officer
31C Discharging a firearm reckless to safety of a police officer or a protective services officer
S. 31C inserted by No. 3/2019 s. 3.
A person commits an offence if—
the person discharges a firearm and is reckless as to the safety of another person (the victim) due to the discharge of the firearm; and
the victim is a police officer on duty or a protective services officer on duty; and
the person knows or is reckless as to whether the victim is a police officer or a protective services officer.
A person who commits an offence against subsection (1) is liable to level 4 imprisonment (15 years maximum).
Subsection (1) does not apply to conduct engaged in by a person who is—
a police officer or a protective services officer acting in the course of the police officer's or the protective services officer's official duties when authorised to discharge a firearm by the Chief Commissioner of Police; or
a senior IBAC Officer carrying out the purposes for which firearms may be used under Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011 and as authorised under that Part; or
a member of a police force or police service of the Commonwealth or of another State or a Territory discharging a firearm issued to the member for the performance of a detailed duty; or
a prison guard who holds a licence under the Firearms Act 1996 issued for the requirement of the occupation of prison guard discharging a firearm as authorised under that licence while acting in the course of the prison guard's duties in the immediate pursuit of another person who is under the prison guard's custody; or
a person who holds a licence under the Firearms Act 1996, discharging a firearm the person is authorised to use under the licence in the course of the person's duties under—
the Conservation, Forests and Lands Act 1987; or
the Livestock Disease Control Act 1994; or
the Prevention of Cruelty to Animals Act 1986.
Notes
1 An offence against this section if committed in certain circumstances is a category 2 offence under the Sentencing Act 1991. See section 5(2H) of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that section exist.
2 Section 16(3E) of the Sentencing Act 1991 requires that every term of imprisonment imposed on a person for an offence against this section if committed in certain circumstances must, unless otherwise directed by the court, be served cumulatively on any uncompleted sentence or sentences of imprisonment imposed on that offender, whether before or at the same time as that term.
In this section—
discharge means the discharge of shot or a bullet or other missile from a firearm;
firearm has the same meaning as in the Firearms Act 1996;
police officer on duty means a police officer who is performing any duty or exercising any power as such an officer;
protective services officer on duty means a protective services officer who is performing any duty or exercising any power as such an officer;
senior IBAC Officer has the same meaning as it has in the Independent Broad-based Anti‑corruption Commission Act 2011.
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