Northern Territory Consolidated Acts

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FIREARMS ACT - SECT 42

Suspension by police officer or Commissioner

42. Suspension by police officer or Commissioner

(1) A member of the Police Force in charge of a police station or with the rank of senior sergeant or higher may, by written notice served on the holder of a licence, permit or certificate of registration, suspend the licence, permit or certificate:

(a) on the request of the holder;

(b) if the holder has been charged with an offence against a law in force in the Territory or in a State or another Territory of the Commonwealth relating to firearms (or any other offence that, in the opinion of the Commissioner would, if the person is found guilty, render the person not fit to possess or use a firearm or to hold a licence, permit or certificate of the kind held) and is awaiting the hearing of the charge;

(c) if the member believes on reasonable grounds that the holder is suffering from a physical or mental infirmity or incapacity and, as a result of possessing a firearm, may be a danger to the safety of the person or to another person, or to property;

(d) after receiving a report under section 101; or

(e) if the member believes, on reasonable grounds, that the person has made a statement that is false or misleading in a material particular in the application for the licence, permit or certificate.

(1A) The Commissioner may, by written notice served on the holder of a licence, permit or certificate, suspend the licence, permit or certificate for a specified period or until conditions specified in the notice are complied with.

(2) A person must, immediately after a notice under subsection (1) or (1A) is served on him or her or not later than the period specified in the notice, deliver to a member of the Police Force or to a person nominated by the person and approved by a member:

(a) the licence, permit or certificate of registration; and

(b) the firearm to which the notice relates.

Penalty: 50 penalty units or imprisonment for 12 months.

(3) If the person does not comply with the notice, a police officer may, without a warrant:

(a) enter any place the officer reasonably believes the firearm may be found; and

(b) search the place and seize the firearm.

(4) The police officer may exercise the powers with the assistance, and using the force, that is reasonably necessary in the circumstances.



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