Northern Territory Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

WEAPONS CONTROL ACT - SECT 20

Forfeiture by courts

    (1)     If a person is found guilty of an offence against section 6, 7, 8, 9, 10, 13 or 14(5):

        (a)     the court may order that the weapon or body armour to which the offence relates be returned to a specified person; or

        (b)     if the court does not make an order under paragraph (a) – the weapon or body armour to which the offence relates is forfeited to the Territory.

    (2)     The court may only make an order under subsection (1)(a) if:

        (a)     the person to whom the weapon or body armour is to be returned is not the person found guilty of the offence; and

        (b)     the person to whom the weapon or body armour is to be returned is, in the opinion of the court, the owner of the weapon or body armour; and

        (c)     the court is satisfied that the person to whom the weapon or body armour is to be returned is authorised to possess the weapon or body armour under this Act.

    (3)     The Commissioner may destroy or dispose of an object forfeited under subsection (1)(b) as the Commissioner thinks fit.

    (4)     If a person is found guilty of an offence in relation to an object that has been forfeited under subsection (1)(b), the object is not to be destroyed or disposed of:

        (a)     until the period for an appeal against the finding of guilt in relation to the offence has elapsed; or

        (b)     if an appeal against the finding of guilt in relation to the offence is lodged – unless the appeal is dismissed.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback