Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

29 Using firearm to resist arrest etc.

(1)A person who makes or attempts to make any use of a firearm or imitation firearm with intent to resist or prevent the lawful apprehension or detention of himself or herself or any other person is guilty of an indictable offence. Penalty: Level 5 imprisonment (10 years maximum) or level 5 fine (1200 penalty units maximum).

S. 29(1) amended by Nos 40/1988 s. 22, 49/1991 s. 119(1) (Sch. 2 item 10), 48/1997 s. 60(1)(Sch. 1 item 15), 69/1997 s. 22(1).

(2)A person who commits an offence against subsection (1) in respect of the lawful apprehension or detention of himself or herself for any other offence committed by him or her is liable to the penalty provided by that subsection in addition to any penalty to which he or she may be liable for that other offence.

S. 29(2) amended by No. 25/1989 s. 20(a).

(3)In this section—

(a)firearm has the same meaning as in the Firearms Act 1996; and

S. 29(3)(a) amended by No. 24/1990 s. 16, substituted by No. 66/1996 s. 201(1).

(b)imitation firearm means anything which has the appearance of being a firearm whether or not it is capable of discharging any shot or other missile.