Firearms Trafficking Offences

Firearms offences that involve the trafficking of weapons across state borders or internationally are Commonwealth offences and are contained in the Criminal Code Act 1995. This page sets out the elements of and penalties for firearms trafficking offences that apply following changes made in 2022.

2022 changes

In 2022, the federal government passed the Criminal Code Amendment (Firearms Trafficking) Act 2022. This Act increased the penalties for firearms trafficking offences, introduced mandatory minimum penalties and created an aggravated offence of trafficking in 50 or more firearms.

The changes aimed to ensure that sentences imposed for firearms trafficking offences were proportionate and reflected the reality that firearms remain in the market for a long time and are used in 22.2% of homicides in Australia.

Cross-border firearms trafficking

Under section 360.2 of the Criminal Code Act 1995, if a person commits a firearms offence involving the disposal of or acquisition of a firearm or part in the course of trade or commerce between Australian jurisdictions, they are liable to a maximum penalty of 20 years imprisonment, a fine of 5,000 penalty units, or both.

If a person commits this offence and 50 or more firearms or firearm parts are involved and the conduct occurred on two or more occasions, the maximum penalty increases to imprisonment for life, a fine of 7,500 penalty units, or both.

Taking or sending firearms

Under section 360.3 of the Criminal Code Act 1995, a person who takes or sends firearms or parts of firearms, between Australian jurisdictions in the course of trade or commence and does so with the intention  that it will be used in the other state or territory and knowing or being reckless as to whether its disposal or acquisition would amount to an offence int hat state or territory, commits an offence. This offence is punishable by a maximum penalty of imprisonment for 20 years, a fine of 5,000 penalty units, or both.

If this offence is committed and more than 50 firearms or firearm parts are taken or sent on two or more occasions within a six-month period, the offence is aggravated and the maximum penalty increases to imprisonment for life, a fine of 7,500 penalty units, or both.

Importing firearms illegally

Under section 361.2 of the Criminal Code Act 1995, a person commits an offence if they import a firearm or part of a firearm into Australia contrary to the Customs Act 1901. This is publishable by a maximum penalty of imprisonment for 20 years, a fine of 5,000 penalty units, or both.

Where a person commits this offence and more than 50 firearms or parts are imported within a period of six months, the maximum penalty increases to imprisonment for life, a fine or 7,500 penalty units, or both.

Exporting firearms illegally

Under section 361.3 of the Criminal Code Act 1995, a person who exports a firearm or part of a firearm contrary to the Customs Act 1901 is guilty of an offence punishably by a maximum penalty of imprisonment for 20 years, a fine of 5,000 penalty units, or both.

Where a person commits this offence and more than 50 firearms or parts are imported within a period of six months, the maximum penalty increases to imprisonment for life, a fine or 7,500 penalty units, or both.

Minimum penalties

When a court sentences a person for one of these offences, it must impose a sentence of at lease five years imprisonment. However, this minimum penalty does not apply if the offender is aged under 18.

The minimum penalty may be reduced only if the court is taking into account the offender’s plea of guilty and/or cooperation with authorities and is applying the sentencing discount that is available in those circumstances.

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