Notice to dispose
137 Notice to dispose
If, after considering the accepted representations, the authorised officer is not satisfied that the licensee has complied with a participation condition, the authorised officer may, by written notice (notice to dispose) given to the licensee, require the licensee to dispose of a particular category H weapon or class of category H weapon within 3 months after the date of the notice.
Note—If the authorised officer is satisfied that the licensee’s failure to comply with a participation condition was for reasons outside the licensee’s control, the authorised officer may, under section 133(7), decide the number of times the licensee was required to use the weapon to satisfy the participation condition.
The licensee must dispose of the weapon within 3 months after the date of the notice to dispose—
to a person lawfully acquiring the weapon under a permit to acquire; or
by delivering the weapon to a licensed dealer; or
by delivering the weapon to a licensed armourer; or
by surrendering the weapon to a police officer under arrangements made for the surrender.
The licensee may acquire a weapon delivered to a licensed dealer or licensed armourer under this section only if the licensee has a current permit to acquire the weapon issued after the weapon was delivered to the dealer or armourer.Maximum penalty—100 penalty units or 2 years imprisonment.
The licensee must provide evidence of the disposal to an authorised officer within 4 months after the date of the notice to dispose.Maximum penalty—60 penalty units.
If a weapon is surrendered to a police officer under this section—
on the surrender, the weapon is State property; and
no compensation is payable for the weapon.
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