(b) discharge a shot, bullet or other missile from a firearm onto or across private property— without the consent of the owner or occupier of the property. 60 penalty units or 12 months imprisonment. (2) In any proceedings for an offence under subsection (1)(a), it is a defence for a person to satisfy the court that he or she was approaching the residence of the owner or occupier of the property along a defined path for the purposes of applying for such consent. (3) Subsection (1) does not apply to— S. 131(3) inserted by No. 26/1997 s. 27. (a) any police officer or a protective services S. 131(3)(a) amended by officer when acting in the course of his or No. 37/2014 her official duties and when so authorised by s. 10(Sch. item 63.7(a)). the Chief Commissioner; or (ab) any senior IBAC Officer when carrying out S. 131(3)(ab) inserted by the purposes for which firearms may be No. 55/2009 possessed, carried and used, and as s. 20, substituted by authorised under Part 5 of the Independent No. 82/2012 Broad-based Anti-corruption Commission s. 98. Act 2011; or (b) any member of a police force or police S. 131(3)(b) amended by service of the Commonwealth or of another No. 37/2014 State or a Territory when carrying or using a s. 10(Sch. item 63.7(b)). firearm issued to him or her for the performance of a detailed duty; or (c) any person who holds a licence under this Act, issued for the reason of prison guard when carrying or using a firearm which the guard is authorised to carry or use under the licence, when acting in the course of his or her duties as a prison guard and when in the
(b) discharge a shot, bullet or other missile from a firearm onto or across private property— without the consent of the owner or occupier of the property. 60 penalty units or 12 months imprisonment. (2) In any proceedings for an offence under subsection (1)(a), it is a defence for a person to satisfy the court that he or she was approaching the residence of the owner or occupier of the property along a defined path for the purposes of applying for such consent. S. 131(3) inserted by No. 26/1997 s. 27. (3) Subsection (1) does not apply to— S. 131(3)(a) amended by No. 37/2014 s. 10(Sch. item 63.7(a)). (a) any police officer or a protective services officer when acting in the course of his or her official duties and when so authorised by the Chief Commissioner; or S. 131(3)(ab) inserted by No. 55/2009 s. 20, substituted by No. 82/2012 s. 98. (ab) any senior IBAC Officer when carrying out the purposes for which firearms may be possessed, carried and used, and as authorised under Part 5 of the Independent Broad-based Anti-corruption Commission Act 2011; or S. 131(3)(b) amended by No. 37/2014 s. 10(Sch. item 63.7(b)). (b) any member of a police force or police service of the Commonwealth or of another State or a Territory when carrying or using a firearm issued to him or her for the performance of a detailed duty; or (c) any person who holds a licence under this Act, issued for the reason of prison guard when carrying or using a firearm which the guard is authorised to carry or use under the licence, when acting in the course of his or her duties as a prison guard and when in the
96-66a084.docx