Effect of surrender or seizure of firearm, weapon or other article if no final order etc.
165 Effect of surrender or seizure of firearm, weapon or other article if no final order etc.
S. 165 (Heading) amended by No. 55/2009 s. 12(1).
This section applies if—
S. 165(1)(a) amended by No. 55/2009 s. 12(2).
a person's firearm, weapon or other article is surrendered under section 158 or seized under section 160 or 163; and
S. 165(1)(b) substituted by No. 55/2009 s. 12(3), amended by No. 77/2013 s. 31(a).
one of the following occurs—
S. 165(1)(b)(i) amended by Nos 77/2013 s. 31(b), 53/2016 s. 65(a).
a final order, final recognised DVO or a final interstate DVO is not made against the person; or
S. 165(1)(b)(ii) amended by No. 77/2013 s. 31(c).
an application for a family violence intervention order or a family violence safety notice against the person is not made within a reasonable time; or
S. 165(1)(b)(iii) inserted by No. 77/2013 s. 31(d), substituted by No. 53/2016 s. 65(b).
in the case of an interstate DVO or a recognised DVO made by a police officer, that DVO expires or is revoked and no application for an interstate DVO or recognised DVO has been made against the person; and
S. 165(1)(c) inserted by No. 55/2009 s. 12(3).
the firearm, weapon or other article is not otherwise required as evidence in further proceedings under this Act or another Act; and
S. 165(1)(d) inserted by No. 55/2009 s. 12(3).
the firearm, weapon or other article is not subject to forfeiture after a proceeding for an offence under this Act or another Act.
S. 165(2) amended by No. 55/2009 s. 12(4).
The firearm, weapon or article surrendered or seized must be—
if the firearm, weapon or other article is required to be forfeited or disposed of under the Firearms Act 1996, Control of Weapons Act 1990 or another Act—forfeited or disposed of in accordance with that Act; or
otherwise—returned to the person.
If a firearm, weapon or other article is disposed of by sale under this section in accordance with directions in an order, the proceeds of the sale must be paid to the owner of the firearm, weapon or other article.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.