Northern Territory Consolidated Acts

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FIREARMS ACT - SECT 99

Retention of certain seized firearms

    (1)     Where a firearm is seized under section 126(2AA) of the Police Administration Act :

        (a)     if it is not the property of the person involved in the event that led to it being seized, the Commissioner is to return it to its owner within 30 days if satisfied that:

            (i)     it will not be kept on or in the premises, vehicle or vessel from which it was seized; or

            (ii)     if it is to be so kept, adequate arrangements have been made to ensure that it is not likely to be used to place any person on or in the premises, vehicle or vessel in imminent danger of suffering personal injury or an aggravation of a personal injury; or

        (b)     if the firearm is the property of the person involved in the event, the Commissioner may retain it:

            (i)     for 90 days after its seizure; or

            (ii)     until the expiration of any period of revocation of a certificate of registration, licence or permit resulting from the person being placed on a final domestic violence order or found guilty of an offence;

    whichever is the longer period.

    (2)     The Commissioner may, with the consent of the owner of a firearm to which this section applies, arrange for the firearm to be stored by a person who may lawfully possess the firearm.

    (3)     A person who stores a firearm under subsection (2) must comply with the directions or conditions of the Commissioner in relation to the firearm.

Maximum penalty:     50 penalty units or imprisonment for 12 months.

    (4)     The Commissioner or a police officer is not liable for any charge in relation to the storage of a firearm under subsection (2) and any charge is a debt due and payable by the owner of the firearm to the person with whom the firearm is stored.

    (5)     A person with whom a firearm is stored under this section must not allow any person (including its owner) to have possession of the firearm except in accordance with the directions or conditions of the Commissioner.

Maximum penalty:     50 penalty units or imprisonment for 12 months.

    (6)     A person must not take possession of a firearm the subject of an arrangement under this section except in accordance with the directions or conditions of the Commissioner.

Maximum penalty:     50 penalty units or imprisonment for 12 months.

    (7)     Despite section 93D, all certificates of registration, licences, permits and authorisations under this Act held by a person found guilty of an offence against subsection (5) or (6) are, on the finding of guilt, revoked and all firearms to which they relate are forfeited to the Territory.



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