A direction to stop a vehicle under s 40H of the Road Traffic Act 1961 (SA) for the purpose of a licence check under s 96 of the Motor Vehicles Act 1959 (SA) is a lawful exercise of power imposing a duty on the driver to stop. Knowledge of the presence of a firearm in a vehicle is insufficient to establish possession; the prosecution must prove shared physical possession or an understanding to share possession. A home detention order under s 33BB(1) of the Criminal Law (Sentencing) Act 1988 (SA) is a suspended sentence and is therefore precluded for serious firearm offenders under s 20AAC(1)(b) unless exceptional circumstances are established.
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