Possession offence during suspension
205 Possession offence during suspension
In this section —
possession offence means an offence under Part 5 that a person commits by possessing a firearm or related thing when not authorised to do so by a firearm authority.
Proceedings cannot be taken against a person for a possession offence in respect of a person’s possession of a firearm or related thing if that possession —
would not have been an offence if a firearm authority held by the person had not been suspended at the time; and
is possession in compliant storage.
This section does not affect the taking of proceedings for —
a possession offence in respect of a person’s possession of a firearm or related thing that is not possession in compliant storage; or
an offence in respect of the use of a firearm or related thing.
This section does not affect any power of a police officer to seize a firearm or related thing in a person’s possession if the person is not entitled to lawful possession of it (even if that possession is possession in compliant storage).
This Act’s bill:Explanatory memorandumSecond reading speech
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