Suspension by police officer
18L Suspension by police officer
A police officer in charge of a police station or of or above the rank of Senior Sergeant may, by written notice served on the holder of an approval, suspend the approval if:
the holder requests the suspension; or
the holder is charged with an offence against a law in force in the Territory, a State or another Territory relating to a prohibited weapon or body armour in respect of which the approval was granted (or any other offence that, in the opinion of the Commissioner would, if the holder is found guilty, render the holder not a fit and proper person to possess or use a prohibited weapon or body armour) and is awaiting the hearing of the charge; or
the police officer believes on reasonable grounds that the holder is suffering from a physical or mental infirmity or incapacity and, as a result of possessing the prohibited weapon or body armour in respect of which the approval was granted, may be a danger to the safety of the holder or to another person, or to property; or
the police officer receives a report under section 23B; or
the police officer believes on reasonable grounds that the holder made a statement that is false or misleading in a material particular in the application for the approval; or
the police officer suspects on reasonable grounds that a condition of the approval was contravened.
The suspension under subsection (1) may be for a specified period or until conditions specified in the notice are complied with.
The holder of the approval must, immediately after receiving a notice under subsection (1) or (2), or not later than the period specified in the notice, surrender to a police officer:
the approval; and
any prohibited weapon or body armour to which the approval relates.
Maximum penalty: 50 penalty units or imprisonment for 6 months.
If the holder does not comply with the notice, a police officer may, without a warrant:
enter any place where the officer believes on reasonable grounds any prohibited weapon or body armour to which the approval relates may be found; and
search the place and seize any prohibited weapon or body armour.
The police officer may exercise the powers in subsection (4) with the assistance, and using the force, that is reasonably necessary in the circumstances.
This Act’s bill:Second reading speech
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