Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
(a) in the case of a person employed or engaged by a body corporate—endorse the licence to the effect that he or she is authorised—
(i) if the person by whom he or she is employed is a licensed dealer—to possess or use, in the course of that employment, a dangerous weapon to which the dealer's licence relates; or
(ii) in any other case—to possess or use a dangerous weapon registered on the corporate dangerous weapons licence held by that body corporate; and
(b) if the applicant is a member of an approved club—endorse the licence to the effect that he or she is authorised to possess or use a dangerous weapon registered on the club's licence while the member is on a shooting range owned or occupied by that or any other approved club for the purpose of taking part in competitions in, or activities relating to, the use of such weapons.
66. (1) When the Registrar cancels the registration of a dangerous weapon under section 60, the Registrar shall require each person on whose licence that weapon is endorsed to produce his or her licence for the purposes of cancelling that endorsement.
(2) A person shall not, without reasonable excuse, contravene a requirement of the Registrar made pursuant to subsection (1).
Penalty: $1,000.
(3) If a person referred to in paragraph 65 (a) or (b) ceases to be—
(a) a member of an approved club;
(b) a director of a body corporate or a partner in a partnership; or
(c) an employee of a body corporate or partnership;
to which the endorsement relates, the endorsement shall be taken to have been cancelled on the date on which he or she ceased to be such a member, director, partner or employee, as the case may be.
67. (1) A person referred to in subsection 66 (3) shall, not later than 7 days after ceasing to be such a member, director, partner or employee, as the case may be—
(a) notify the Registrar in writing; and
(b) forward his or her licence to the Registrar for the purpose of its being varied.
(2) Where a person ceases to be employed by a body corporate or partnership, the body corporate or partnership shall, not later than 7 days after the person ceases to be so employed, notify the Registrar in writing accordingly.
(3) A person who, without reasonable excuse, contravenes subsection (1) or (2) is guilty of an offence punishable, on conviction, by a fine not exceeding $1,000.
68. (1) In this Part, unless the contrary intention appears—
(a) an offence against this Act; or
(b) an offence against another Act, in respect of which a penalty of imprisonment for 6 months or more may be imposed.
(2) For the purposes of this Part, a thing is connected with a particular offence if—
(a) it is a thing with respect to which the offence has been committed;
(b) it will afford evidence of the commission of the offence; or
(c) it was used, or is or was intended to be used, for the purpose of committing the offence.
69. (1) For the purposes of ascertaining whether the provisions of this Act or the regulations are being complied with, a police officer may, without the authority of a warrant—
(a) enter premises on which a licensed dealer carries on business at any reasonable time when those premises are open for business; or
(b) enter any premises at any time with the consent of the occupier of those premises.
(2) A police officer who enters premises under subsection (1), is not authorised to remain on the premises if, on request by or on behalf of the occupier of the premises, the officer does not produce evidence that he or she is a police officer.
(3) A police officer who enters premises pursuant to subsection (1) may—
(a) inspect, make copies of, or take extracts from, the Dealer's Book, or any other book, documentation or other record that the police officer believes on reasonable grounds to be connected with the acquisition, disposal, repair, modification or manufacture of dangerous weapons or restricted weapons;
(b) inspect any apparatus, equipment or other article that the officer believes on reasonable grounds to be used in the manufacture or testing of dangerous weapons or restricted weapons;
(c) test, or seize, for the purpose of testing, any dangerous weapon or restricted weapon that the officer believes on reasonable grounds does not comply with this Act or the regulations;
(d) if the police officer believes on reasonable grounds that a dangerous weapon or restricted weapon on the premises is not safe—direct the occupier of the premises, by notice in writing, not to use or sell the dangerous weapon or restricted weapon, unless it has been rendered safe for use and has been inspected, tested and approved by the Registrar;
(e) seize any thing that the police officer has reasonable grounds for believing to be connected with an offence;
(f) require any person on the premises to make available any books, documents or records kept on the premises, to furnish information that the police officer has reasonable grounds for believing is connected with an offence, and to answer questions; and
(g) require the occupier to give the police officer such assistance as is reasonable to enable the police officer to exercise his or her powers under this section.
(4) A person shall not, without reasonable excuse—
(a) contravene a direction given to the person under paragraph (3) (d); or
(b) fail to comply with a requirement made of the person under paragraph (3) (f) or (g).
Penalty: $5,000 or imprisonment for 2 years, or both.
(5) A person is not excused from making available books, documents or records, furnishing information or answering in compliance with paragraph (3) (f) on the ground that the making available of books, documents or records, the furnishing of information, or the answering of questions might tend to incriminate the person.
(6) Any book, document, information or answer obtained under subsection (3) or any information, document or thing obtained directly or indirectly as a consequence of that book, document, information or answer, is not admissible in evidence against the person in criminal proceedings other than proceedings for an offence against this Act.
70. (1) Where a police officer has reasonable grounds for believing that a dangerous weapon, restricted weapon or prohibited weapon connected with an offence may be found in the possession of a person, or in or on a vehicle or vessel, the police officer may, without warrant—
(a) stop and search the person, the clothing being worn by the person, or property in, or apparently in, the immediate control of the person; or
(b) stop, search and detain the vehicle or vessel;
and seize any such weapon and any thing that is found in the course of a search referred to in paragraph (a) or (b) that he or she believes on reasonable grounds is connected with that offence.
(2) Where a person is searched under this section, the search shall be carried out by a police officer of the same sex.
71. (1) Before seeking the consent of the occupier of premises for the purposes of paragraph 69 (1) (b), a police officer shall inform the occupier that he or she may refuse to give that consent.
(2) If a police officer obtains the consent of the occupier of premises for the purposes of paragraph 69 (1) (b), the officer shall ask the occupier or that person to sign a written acknowledgment—
(a) that the occupier has given the officer consent, for the purposes of that paragraph, to enter the premises and to exercise the powers of a police officer under subsection 69 (3);
(b) that the occupier has been informed that he or she may refuse to give that consent; and
(c) on the day on which, and the time at which, that consent was given.
(3) Where it is material, in any proceedings, for a court to be satisfied of the consent of an occupier for the purposes of paragraph 69 (1) (b) and an acknowledgment in accordance with subsection (2) is not produced in evidence, it shall be presumed that the occupier did not consent unless the contrary is established.
72. (1) Where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be, on any premises a dangerous weapon, restricted weapon or prohibited weapon or thing of a particular kind that—
(a) is connected with a particular offence against this Act or the regulations; and
(b) in the case of a dangerous weapon—is unsafe to use;
and the information sets out those grounds, the magistrate may issue a search warrant authorising a police officer named in the warrant, with such assistance and by such force as is necessary and reasonable—
(c) to enter the premises;
(d) to search the premises for that weapon or thing; and
(e) to exercise the powers of a police officer under subsection 69 (3) in relation to the premises.
(2) A magistrate shall not issue a warrant unless—
(a) the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
(b) the magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) A warrant shall—
(a) state the purpose for which it is issued;
(b) specify the nature of the offence or the lack of compliance in relation to which the entry and search are authorised;
(c) specify particular hours during which the entry is authorised, or state that the entry is authorised at any time of the day or night;
(d) include a description of the kinds of things in relation to which the powers under subsection 69 (3) may be exercised; and
(e) specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.
(4) If, in the course of searching any premises, pursuant to a warrant issued under subsection (1), a police officer—
(a) finds any dangerous weapon, restricted weapon, prohibited weapon or other article or thing that is not of a kind specified in the warrant;
(b) has reasonable grounds for believing that—
(i) the thing is used in the manufacture, sale, modification, testing, repair, export or import of dangerous weapons, restricted weapons or prohibited weapons; or
(ii) possession of the weapon is prohibited by, or the weapon does not comply with, this Act or the regulations; and
(c) has reasonable grounds for believing that it is necessary to seize the weapon or thing in order to prevent its—
(i) concealment, loss or destruction;
(ii) sale, manufacture or export; or
(iii) being exposed for sale;
the police officer may seize it.
73. (1) Where—
(a) a dangerous weapon or restricted weapon is seized under section 69, 70 or 72; and
(b) a prosecution for an offence against this Act relating to the weapon is not instituted within 60 days of the seizure;
the Registrar shall, upon the expiration of that period return the dangerous weapon or restricted weapon, as the case may be, to the owner.
(2) Where, in proceedings for an offence against this Act—
(a) the defendant is a person from whom a dangerous weapon or restricted weapon has been seized under section 69, 70 or 72; and
(b) the court does not find the offence proved;
the Registrar shall return the dangerous weapon or restricted weapon, as the case may be, to the owner.
(3) Subsections (1) and (2) do not apply if—
(a) before the expiration of 60 days; or
(b) before the court finds an offence not proved;
as the case may be, the licence of the person to whom the weapon would, but for this subsection have been returned, has been cancelled.
(4) Where—
(a) a dangerous weapon or restricted weapon is seized under section 69, 70 or 72; and
(b) the weapon would, but for this subsection, be returned to the owner pursuant to subsection (1) or (2);
then, if the owner is charged with an offence against a law in force in the Territory which would, if proved, entitle the Registrar to cancel the person's licence, the Registrar shall retain possession of the weapon pending the hearing of the charge.
(5) If the court does not find the charge referred to in subsection (4) proved, the Registrar shall return the dangerous weapon or restricted weapon to the owner unless the Registrar would otherwise be entitled under this Act to be in possession of the weapon.
(6) Where, in proceedings for an offence against this Act, the court finds the offence proved, any dangerous weapon or restricted weapon used in connection with the commission of the offence—
(a) shall if stolen, be returned by the Registrar to the person whom the court is satisfied is entitled to the weapon; or
(b) is, in any other case, forfeited to the Territory, unless the court otherwise directs.
(7) A prohibited weapon seized under section 69, 70 or 72 is forfeited to the Territory.