Australian Capital Territory Consolidated Acts

PROHIBITED WEAPONS ACT 1996 - SECT 52

    (1)     This section applies if—

        (a)     a person applies under section 51 for a permit for a weapon or article during the period beginning 30 days before the commencement day; and

        (b)     the registrar has not decided whether to issue or refuse to issue the permit before the commencement day.

    (2)     The person does not commit an offence against this Act in relation to the possession or use of the weapon or article if the elements of the offence happen—

        (a)     during the period the registrar is deciding; and

        (b)     if the registrar decides to refuse to issue the permit—during the period of 7 days (the 7-day period ) beginning on the day after the day the person receives notice of the registrar's decision.

    (3)     A person mentioned in subsection (2) (b) may, during the 7-day period—

        (a)     surrender the weapon or article to a police officer; or

        (b)     dispose of the weapon or article to someone who is authorised by a permit to possess it; or

        (c)     if the person decides to apply to the AAT for a review of the decision of the registrar to refuse to issue the permit—ask the registrar to store the weapon or article until the application, and any subsequent appeal, are finally decided.

    (4)     If the person's application or appeal is successful, the weapon or article must be returned to the person.

    (5)     If the person's application or appeal is not successful, the weapon or article is taken to be surrendered to the registrar.

    (6)     A weapon or article surrendered under this section—

        (a)     is forfeited to the Territory; and

        (b)     may be destroyed or otherwise disposed of as the chief executive directs.