CRIMES ACT 1900 - SECT 192 Seizure of firearms—protection orders

CRIMES ACT 1900 - SECT 192

    (1)     In enforcing an order under a protection order provision, a police officer may—

        (a)     enter premises where the respondent named in the order is reasonably believed to be living or staying; and

        (b)     seize any firearm, any ammunition and any licence to possess or use a firearm—

              (i)     in or on the premises; or

              (ii)     in or on a motor vehicle under the control of someone who ordinarily lives on the premises or is apparently connected with the circumstances giving rise to the entry of the police officer onto the premises.

    (2)     A firearm, ammunition or licence may be seized by a police officer under subsection (1)—

        (a)     despite the fact that the owner of the firearm, ammunition or licence is unknown; or

        (b)     irrespective of whether the owner of the firearm, ammunition or licence is connected with the circumstances giving rise to the entry of the police officer onto the premises.

    (3)     A police officer who is authorised under subsection (1) to seize a firearm, ammunition or licence in or on premises or in or on a motor vehicle may search the premises or the motor vehicle for any firearm, ammunition or licence and use the force that is reasonably necessary for the purpose.

    (4)     Subsection (3) does not authorise a search at any time during the period commencing at 9 pm on a day and ending at 6 am on the following day unless the police officer is satisfied that—

        (a)     it would not be practicable to conduct the search at another time; or

        (b)     it is necessary to do so to prevent the concealment, loss or destruction of the firearm, ammunition or licence.

    (5)     If—

        (a)     a firearm, ammunition or licence has been seized under subsection (1) for the purpose of enforcing an order mentioned in that subsection; and

        (b)     the licence has not been cancelled or suspended under a protection order provision;

the firearm, ammunition or licence shall be returned to the licensee if—

        (c)     the licensee produces to the registrar of firearms a certificate of the registrar of the Magistrates Court to the effect that the order is no longer in force; and

        (d)     the registrar of firearms is not aware of any other court orders in force requiring the seizure of the firearm, ammunition or licence; and

        (e)     the registrar of firearms is not otherwise entitled under the Firearms Act 1996

to be in possession of the firearm, ammunition or licence.

    (6)     If a firearm is seized under subsection (1) and is not returned to the licensee in accordance with subsection (5), for the Firearms Act 1996

, section 262, the firearm shall be taken to have been seized by a police officer in accordance with that Act.

    (7)     An expression that is used in this section and in the Firearms Act 1996

has, in this section, the same meaning as in that Act.

    (8)     In this section:

"protection order provision" means—

        (a)     the Family Violence Act 2016

, section 44 (Firearms licences); or

        (b)     the Personal Violence Act 2016

, section 36 (Interim orders—respondent's firearms) or section 37 (Final orders—respondent's firearms).