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Guns, Explosives and Weapons Control Act 2021 · s 33

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s 33Unauthorised acquisition of weapon or noxious substance

(1)

A person commits an offence if the person acquires, or takes part in the acquisition of, a weapon or noxious substance from another and the person acquiring —

(a)

is not any of the following:

(i)

a person granted a licence to possess that weapon or noxious substance;

(ii)

a class licensee authorised under a class licence to possess that weapon or noxious substance;

(iii)

a person exempt from this section under section 87, 88 or 89 in relation to possession of that weapon or noxious substance; or

(b)

is doing so in contravention of any condition of the person’s licence or class licence to possess that weapon or noxious substance.

(2)

Strict liability applies to subsection (1)(b).

(3)

A person commits an offence if the person acquires, or takes part in the acquisition of, a weapon or noxious substance from another (called in this section the supplier) and —

(a)

the supplier —

(i)

is not any of the following:

(A)

a person granted a licence to supply that weapon or noxious substance;

(B)

a class licensee authorised under a class licence to supply that weapon or noxious substance;

(C)

a person exempt from this section under section 87, 88 or 89 in relation to the supply of that weapon or noxious substance; or

(ii)

is supplying the weapon or noxious substance (as the case may be) in contravention of any condition of the supplier’s licence or class licence to supply that weapon or noxious substance; and

(b)

the person knows that, or is reckless as to whether, the supplier —

(i)

is not any of the persons in paragraph (a)(i)(A), (B) or (C); or

(ii)

is supplying the weapon or noxious substance in contravention of any condition of the supplier’s licence or class licence to supply that weapon or noxious substance.