Weapons Act 1990

This section applies if—

a firearm prohibition order is made in relation to an individual; and

a police officer reasonably suspects an individual is the individual the subject of the order.

A police officer may, for the purpose of enabling a police officer to serve the firearm prohibition order under section 141P, do any of the following—

if it is necessary to confirm the identity of the individual—direct the individual—

to state the individual’s name and address; and

to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence;

direct the individual to remain at a stated appropriate place at or near the individual’s current location for a stated reasonable period;

direct the individual to attend a stated police station immediately or within a stated reasonable period;

direct the individual to accompany a police officer to the nearest police station or another stated place.

A direction under subsection (2) may be given only if the police officer considers it is reasonably necessary to enable service of the firearm prohibition order.

In deciding the reasonable period mentioned in subsection (2)(b) or (c), the police officer—

must have regard to the individual’s location, circumstances and ability to comply with the direction; and

may have regard to—

the extent to which it is necessary, in the circumstances, to serve the firearm prohibition order on the individual as a matter of urgency; and

any other matter the police officer considers relevant.

For subsection (2)(c) and (d), the stated police station or place must be within a reasonable distance of the individual’s current location, having regard to the particular circumstances.

In giving the direction, the police officer must tell the individual the following matters—

why the individual is being given the direction;

if the direction is to accompany a police officer to a place—

where the place is; and

how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and

that the individual may be searched before being transported to the place by a police officer; and

that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and

that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence;

that the individual is not under arrest or in custody while complying with the direction.