Firearms Act 1996

If a firearm, firearm part or ammunition is surrendered, or seized, under this Act – a police officer; or a person who claims to be the owner of the firearm, firearm part or ammunition; or a prosecutor who has prosecuted an offence under Part 5, or Part 7, in respect of which the firearm, firearm part or ammunition has been seized – may apply to a court or a magistrate for an order under this section.

A court or a magistrate may order that the firearm, firearm part or ammunition to which an application under subsection (1) relates – is forfeited to the Crown; or is to be returned to the person claiming to be the owner of the firearm, firearm part or ammunition; or is to be disposed of in any manner that the court or the magistrate determines.

A court or a magistrate may make an order under subsection (2)(a) if satisfied that – the owner of the firearm, firearm part or ammunition – is not authorised by or under this Act to be in possession of the firearm, firearm part or ammunition; and has failed to provide an alternative method of disposal for the firearm, firearm part or ammunition within a reasonable time; or the whereabouts of the owner of the firearm, firearm part or ammunition has not been, and is not likely to be, ascertained by reasonable inquiry; or the owner of the firearm, firearm part or ammunition has failed to comply with the requirements of this Act in relation to that firearm, firearm part or ammunition.

If a person is convicted of an offence against any one or more of the following provisions, the firearm used in relation to the offence is to be forfeited to the Crown:section 111; section 112; section 113(2); section 114; section 116; section 14B(2A)(a) of the Police Offences Act 1935.

If a person is convicted of an offence under Part 5 in respect of which any firearm, firearm part or ammunition has been seized under section 88, the court, in addition to imposing any other penalty, may order that the seized firearm, firearm part or ammunition is forfeited to the Crown.

Any firearm, firearm part or ammunition forfeited to the Crown under subsection (3) is to be disposed of as the Commissioner determines.

The Auditor-General is to arrange to be carried out once every year an independent audit of all firearms, firearm parts and ammunitions that are – disposed of in accordance with an order or direction of a court, a judge, a magistrate or a coroner; or disposed of under this Act or disposed of in accordance with the directions of the Commissioner under another Act; or disposed of, with the consent of the owner, by a person acting on behalf of the Crown; or forfeited to, owned by, or in the possession of, the Crown and disposed of in accordance with a determination of the Commissioner; or forfeited to, or in the possession of, the Crown and otherwise dealt with under this Act or any other Act.

A report of any audit carried out under subsection (5) is to be tabled in both Houses of Parliament.

In this section – ammunition includes a projectile falling within paragraph (b) of the definition of ordnance in section 3; firearm includes a weapon falling within paragraph (a) of the definition of ordnance in section 3; prosecutor means a police prosecutor or a Crown prosecutor.