Corrections Act 1997

In this section – item of identification includes – an access pass; and a security pass; and a tag; prescribed period means – in respect of an item of identification, equipment, clothing or insignia, the 7-day period immediately following the day on which the relevant person ceases to be a correctional officer or State Service corrections employee, or such longer period as the Director, by notice in writing given before or during that 7-day period, may allow the person; and in respect of a firearm or ammunition, the 24-hour period immediately after the relevant person ceases to be a correctional officer or State Service corrections employee.

This section applies to a person who ceases for any reason to hold an appointment or employment as a correctional officer or State Service corrections employee.

The person must surrender to the Director, within the prescribed period – all firearms and ammunition; and all items of identification, equipment, clothing and insignia – that were on issue to that person as a correctional officer or State Service corrections employee immediately before he or she ceased to hold that appointment or employment. Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.

However, subsection (3) does not apply to the person in respect of an item of identification, equipment, clothing or insignia if it is an item of a kind that, under the standing orders in force at the relevant time, the person may retain on ceasing to hold the relevant appointment or employment.

If the person fails to surrender an item of identification, equipment, clothing or insignia as required by subsection (3), the Director, as soon as practicable after the prescribed period, is to give the person a notice requiring that the item be surrendered to the Director forthwith or within such time as he or she considers reasonable in the circumstances and specifies in the notice.

The notice under subsection (5) is to be given by registered post addressed to the person's place of residence last known to the Director.

The Commissioner of Police, at the written request of the Director, may apply to a justice for a warrant to enter and search any place and do either or both of the following:seize any firearm or ammunition found in the place that ought to have been surrendered to the Director pursuant to subsection (3) but has not been so surrendered; seize any item of identification, equipment, clothing or insignia found in the place that ought to have been surrendered to the Director pursuant to subsections (3) and (5) but has not been so surrendered.

A justice may issue a warrant if satisfied that there are reasonable grounds for believing that there is on or in any place either or both of the following:a firearm or ammunition, or both, that ought to have been surrendered to the Director pursuant to subsection (3) but has not been so surrendered; an item of identification, equipment, clothing or insignia that ought to have been surrendered to the Director pursuant to subsections (3) and (5) but has not been so surrendered.

A warrant is to authorise a police officer to – enter and search the place specified in the warrant; and seize any thing that the police officer reasonably believes is required to be surrendered to the Director under this section.

A warrant is to specify the date on which, and time by which, the warrant ceases to have effect.

If the occupier of the place is not present or refuses permission, the police officer may – proceed to execute the warrant using any reasonable force necessary; and do anything reasonably required to execute the warrant.