Commonwealth Numbered Regulations

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SYDNEY HARBOUR FEDERATION TRUST REGULATIONS 2001 2001 No. 296 - REG 9

Possession of firearms
(1)
A person must not, on Trust land, carry, discharge or be in possession of, a firearm.

Penalty:
10 penalty units.

(2)
Subregulation (1) does not apply to:

(a)
a police officer; or

(b)
a person who:

(i)
is the holder of a licence under the Security Industry Act 1997 of New South Wales; and
(ii)
is carrying out functions authorised by the licence.

Note
A defendant bears an evidential burden in relation to the matter in subregulation (2) (see subsection 13.3 (3) of the Criminal Code ).

(3)
Strict liability applies to the physical element of an offence against subregulation (1) that is constituted by the circumstance that the conduct occurred on Trust land.

Note 1
For strict liability , see section 6.1 of the Criminal Code .
Note 2
For general circumstances in which an activity will not constitute an offence, see regulation 23.



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