Orders as to firearms and offensive weapons
180 Orders as to firearms and offensive weapons
If a court is satisfied by evidence adduced before it that—
a firearm or other offensive weapon was used in the commission of an offence; or
the commission of an offence was facilitated by the use of a firearm or other offensive weapon; or
in the circumstances it is expedient that an order or orders be made under this section, the court may make any one or more of the following orders:
an order that the firearm or other weapon be forfeited to the Crown;
an order that the firearm or other weapon be delivered into the custody of the Commissioner of Police for a period specified in the order or until further order;
any other order as to the custody or disposition of the firearm;
an order—
that a specified person is subject to a firearms prohibition order under the Firearms
Act 2015 until further order; or
prohibiting a specified person from using or possessing an offensive weapon of any kind, or of a kind specified in the order, for a period specified in the order or until further order.
If a court makes an order under subsection (1)(g)(i) that a person is subject to a firearms prohibition order—
the order operates as a firearms prohibition order in force against the person under Part 8 of the Firearms
Act 2015;
and
the court may exercise the powers of the Registrar under section 45(17) of the Firearms
Act 2015 to grant an exemption from specified provisions of that section; and
the
Registrar of the court must notify the Registrar of Firearms of the details of the order.
On application by a person with a proper interest in the matter, the court may vary or revoke an order under subsection (1)(e),
or (g).
If an application is made under subsection (2), the court must not vary or revoke the order in respect of which the application is made unless it is satisfied that it is not inimical to the safety of the community to do so.
A person who contravenes or fails to comply with an order under this section (other than an order under subsection (1)(g)(i) that a specified person is subject to a firearms prohibition order) is guilty of an offence.
Maximum penalty:
in the case of a breach of an order relating to a firearm—$50 000 or imprisonment for 10 years;
in the case of a breach of an order relating to an offensive weapon—$10 000 or imprisonment for 2 years.
Subsection (4) does not derogate from the power of a court to punish for contempt.
In this section—
court includes any judge, magistrate or special justice entitled to preside over or constitute a court;
firearm has the same meaning as in the Firearms
Act 2015;
offensive weapon means—
an article or substance made or adapted for use for causing, or threatening to cause, personal injury or incapacity including—
a firearm or imitation firearm (ie an article intended to be taken for a firearm); or
an explosive or an imitation explosive (ie an article or substance intended to be taken for an explosive); or
an article or substance that a person has—
for the purpose of causing personal injury or incapacity; or
in circumstances in which another is likely to feel reasonable apprehension that the person has it for the purpose of causing personal injury or incapacity.
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