Surrender of firearms and weapons
158 Surrender of firearms and weapons
S. 158(1) amended by No. 77/2013, s. 26(1), substituted by No. 53/2016 s. 60.
This section applies if—
a family violence safety notice has been issued or a family violence intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds for issuing a notice or making an order against a person; and
the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession.
S. 158(1A) inserted by No. 53/2016 s. 60.
This section applies in relation to a recognised DVO or an interstate DVO if—
one of the following applies—
a person is a respondent to a recognised DVO; or
a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or
a police officer intends to serve or has served on a person an interstate DVO made against the person or an application for an interstate DVO made against the person; and
the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession.
S. 158(2) amended by No. 77/2013 s. 26(2).
Subject to section 159A, the police officer may—
direct the person to immediately surrender the firearm, firearms authority, ammunition or weapon to the police officer; or
by written notice served on the person, direct the person to surrender the firearm, firearms authority, ammunition or weapon to a police officer at a specified place within a specified time or, if no time is specified, within 48 hours after the direction is given to the person.
A direction under subsection (2) must include the prescribed particulars.
A person given a direction under subsection (2) must not, without lawful excuse, fail to comply with the direction.
- In the case of a failure to comply with a direction to surrender a firearm, 60 penalty units;
In the case of a failure to comply with a direction to surrender a firearms authority, ammunition or a weapon, 30 penalty units.
This provision refers to the regulations (prescribed particulars
). Made under this Act:
- Family Violence Protection (Information Sharing and Risk Management) Regulations 2018 · under sections 210A, 210B and 211
- Family Violence Protection Regulations 2018 · under section 211
- Magistrates' Court (Family Violence Protection) Rules 2018 · under section 209
1 more instrument made under this Act are listed on the Act’s overview.
This Act’s bill:Explanatory memorandumSecond reading speech
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