Possession, Supply, or Making of Explosives
Under Section 93FA of the Crimes Act 1900, it is a criminal offence to possess, supply, or make explosives without a lawful purpose, in in circumstances that give rise to a reasonable suspicion of unlawful intent. This section also criminalises possessing explosives in a public place without a lawful purpose, regardless of whether there is unlawful intent.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Possessing explosives in a public place | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
| Possess, supply or make explosives for unlawful purpose | 2 years imprisonment and/or $5,500 fine | 3 years imprisonment and/or $5,500 fine |
Possession of Dangerous Articles Other Than Firearms
Under section 93FB of the Crimes Act 1900, it is a criminal offence to possess a dangerous article, other than a firearm, in a public place. Under this section, a dangerous article is said to mean any of the following things:
- Anything (not a firearm) capable of discharging an irritant matter in liquid, powder, gas, chemical or smoke form;
- Anything (not a firearm) capable of discharging a substance capable of causing bodily harm;
- A fuse capable of use with an explosive or detonator;
- A detonator;
- A distress signal, or distress flare, that operates by emitting a bright light.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Possess anything capable of discharging an irritant matter in a public place | 2 years imprisonment and/or $5,500 fine | Not applicable |
| Possess anything capable of discharging a substance that causes bodily harm in a public place | 2 years imprisonment and/or $5,500 fine | Not applicable |
| Possess a fuse capable for use with an explosive or detonator in a public place | 2 years imprisonment and/or $5,500 fine | Not applicable |
| Possess a detonator in a public place | 2 years imprisonment and/or $5,500 fine | Not applicable |
| Possess a distress signal or distress flare that emits a bright light in a public place | 2 years imprisonment and/or $5,500 fine | Not applicable |
Causing danger with firearm or speargun
Under Section 93G of the Crimes Act 1900, it is a criminal offence to posses a loaded speargun or firearm in a public place or any other place so as to endanger life, fire a speargun or firearm in or near a public place or carry a speargun or firearm in a way that is likely to endanger the safety of yourself or others.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard non-parole period |
| Possess loaded firearm or speargun in public place | 2 years imprisonment and/or $5,500 fine | 10 years imprisonment | Not applicable |
| Possess loaded firearm or speargun not in public place | 2 years imprisonment and/or $5,500 fine | 10 years imprisonment | Not applicable |
| Fire firearm or speargun in or near public place | 2 years imprisonment and/or $5,500 fine | 10 years imprisonment | Not applicable |
| Fire/carry firearm or speargun in a manner likely to injure | 2 years imprisonment and/or $5,500 fine | 10 years imprisonment | Not applicable |
Firing at Dwelling-Houses or Buildings
Under Section 93G of the Crimes Act 1900, it is a criminal offence to fire a firearm at a dwelling-house or other building with reckless disregard for the safety of any person who may inside that dwelling-house or building.
A dwelling-house is defined under the legislation as any building, structure, boat or vehicle in which a person resides.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court | Standard non-parole period |
| Fire firearm at a dwelling or building with reckless disregard for safety of others | Not applicable | 14 years imprisonment | 5 years imprisonment |
| Fire firearm at a dwelling or building, during a public disorder, with reckless disregard for safety of others | Not applicable | 16 years imprisonment | 6 years imprisonment |
| Fire firearm at a dwelling or building, in the course of criminal activity, with reckless disregard for the safety of others | Not applicable | 16 years imprisonment | 6 years imprisonment |
Trespassing with or Dangerous Use of Firearm or Spear Gun
Under section 93H of the Crimes Act 1900, it is a criminal offence to possess a firearm or speargun or imitation firearm or speargun and enter any building or land that you or not lawfully authorised to enter. Further, it is also a criminal offence under this section to fire a firearm or speargun at building or land that you are not authorised to fire upon.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Enter building or land with firearm/speargun or imitation firearm/speargun | 2 years imprisonment and/or $5,500 fine | 5 years imprisonment |
| Fire firearm/speargun into building or land without lawful excuse | 2 years imprisonment and/or $5,500 fine | 10 years imprisonment |
Possession of Unregistered Firearm in Public Place
Under section 93I of the Crimes Act 1900, it is a criminal offence to posses an unregistered firearm in a public place when not authorised to possess the firearm under the Firearms Act 1996.
Under section 60 of the Firearms Act 1996, if a person comes into possession of a firearm, but is not authorised by or under this act to possess the firearm, that person must immediately surrender the firearm to police. If a firearm is surrendered in accordance with this section, the person does not commit a criminal offence.
Maximum Penalty:
| Offence | Maximum penalty that can be imposed by the Local Court | Maximum penalty that can be imposed by the District Court |
| Possess unregistered firearm in a public place without lawful authority | 2 years imprisonment and/or $5,500 fine | 10 years imprisonment |
| Possess more than one unregistered firearm in a public place without lawful authority | 2 years imprisonment and/or $5,500 fine | 14 years imprisonment |
| Possess unregistered prohibited firearm in a public place without lawful authority | 2 years imprisonment and/or $5,500 fine | 14 years imprisonment |
| Possess unregistered pistol in a public place without lawful authority | 2 years imprisonment and/or $5,500 fine | 14 years imprisonment |