§ 33 — Unauthorised acquisition of weapon or noxious substance

33.—(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.

—(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.