Police actions after domestic violence order, police protection direction, police protection notice or release conditions are made
610 Police actions after domestic violence order, police protection direction, police protection notice or release conditions are made
This section applies if, under the Weapons Act 1990, section 29B, the person named as the respondent in a domestic violence order, police protection direction, police protection notice or release conditions is to give a weapon the respondent possesses to a police officer.
The police officer who serves the order, direction, notice or conditions on the respondent must—
if the order, direction or notice is served on the respondent at the respondent’s place of residence—take all steps necessary to ensure the respondent’s weapons licence and weapon are seized immediately; and
in any other case—make arrangements to ensure the respondent’s weapons licence and weapon are surrendered to a police officer as soon as practicable.
Note—A police officer must personally serve a domestic violence order, police protection direction, police protection notice or release conditions on the respondent. Also, the clerk of the court must, as soon as reasonably practicable after a domestic violence order is made, give a copy of the order to the officer in charge of the police station nearest the place where the respondent lives or was last known to live. See the Domestic and Family Violence Protection Act 2012, sections 109(1), 124 and 184(2) and (3).
To seize a weapon as mentioned in subsection (2)(a), the police officer may enter and search the respondent’s place of residence if the officer has reasonable grounds for suspecting the weapon is at the place.Examples of how the police officer may have reasonable grounds for suspecting that a weapon is at a place of residence—
1 In making a domestic violence order, police protection direction or police protection notice, the court or police officer includes information about a weapons licence or weapon in the respondent’s possession.
2 The police officer has received apparently reliable information that the respondent possesses a weapon.
A police officer must exercise the powers under this section in a way that—
is consistent with the need to ensure the protection of a person who is an aggrieved, or a named person, as stated in the order, direction, notice or conditions; and
tries to minimise disruption to the respondent.
This Act’s bill:Explanatory memorandum
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