Criminal Code Amendment (Firearms Trafficking) Act 2022 (Cth)

Criminal Code Amendment (Firearms Trafficking) Act 2022

No. 30, 2022

An Act to amend the Criminal Code Act 1995, and for related purposes

Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Firearms trafficking Criminal Code Act 1995

Criminal Code Amendment (Firearms Trafficking) Act 2022 No. 30, 2022

An Act to amend the Criminal Code Act 1995, and for related purposes

[Assented to 1 April 2022]

The Parliament of Australia enacts:

1 Short title This Act is the Criminal Code Amendment (Firearms Trafficking) Act 2022.

2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this Act The day after this Act receives the Royal Assent. 2 April 2022

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3 Schedules Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Firearms trafficking

Criminal Code Act 1995

1 Subsections 360.2(1) and (2) of the Criminal Code Repeal the subsections, substitute:

Basic offence (1) A person commits an offence if: (a) the person engages in conduct that constitutes an offence (the underlying offence) against a firearm law; and (b) the person does so in the course of trade or commerce: (i) among the States; or (ii) between a State and a Territory, or between 2 Territories; and (c) the primary element of the underlying offence involves: (i) the disposal of a firearm or a firearm part by the person; or (ii) the acquisition of a firearm or a firearm part by the person. Penalty: Imprisonment for 20 years or a fine of 5,000 penalty units, or both.