WEAPONS ACT 1990 - SECT 29B
Arrangements for surrender of suspended or revoked licences and weapons
WEAPONS ACT 1990 - SECT 29B
Arrangements for surrender of suspended or revoked licences and weapons
29B Arrangements for surrender of suspended or revoked licences and weapons
(1) This section applies to a person whose licence is suspended under
section 27Aor revoked under section 28A, because the person is named as the
respondent in a domestic violence order, police protection notice or release
conditions.
(2) Subsection (3) applies—
(a) if the respondent is present—
(i) in court when the court makes the order; or
(ii) when a police officer
issues and explains the notice; or
(b) when a police officer gives the order
or notice to the respondent at a place other than the respondent’s place of
residence; or
(c) when a police officer gives the conditions to the
respondent.
(3) The respondent must immediately do the following—
(a) if
the respondent’s licence is in the respondent’s possession—give the
licence to a police officer;
(b) if the respondent’s licence is not in the
respondent’s possession—arrange with a police officer to give the licence
to a police officer no later than 1 day after—
(i) for subsection (2) (a)
—the order is made or notice is issued;
(ii) otherwise—the order, notice
or conditions are given to the respondent;
(c) arrange with a police officer
to give to a police officer any weapon the respondent possesses, or to
otherwise surrender the weapon, as soon as practicable, but no later than 1
day, after—
(i) for subsection (2) (a) —the order is made or notice is
issued;
(ii) otherwise—the order, notice or conditions are given to the
respondent.
Penalty—
Maximum penalty—10 penalty units.
(4) If a
police officer personally serves the order or notice on the respondent at the
respondent’s place of residence, the respondent must immediately give the
weapons licence and any weapon in the respondent’s possession to the police
officer unless the respondent has a reasonable excuse for not doing so.
Penalty—
Maximum penalty—10 penalty units.
(5) Also, a respondent
must immediately give the weapons licence or any weapon in the respondent’s
possession to a police officer (the
"surrender officer" ) if—
(a) a police officer made arrangements under
subsection (3) with the respondent about the weapons licence or any weapon in
the respondent’s possession; and
(b) the surrender officer believes the
respondent has not complied with the arrangements; and
(c) the
surrender officer asks the respondent to give the officer the weapons licence
or any weapon in the respondent’s possession.
Penalty—
Maximum
penalty—10 penalty units.
(6) If a weapon is given to a police officer
under this section and, within 3 months of the weapon being given to the
police officer, the respondent wants to otherwise surrender it, the respondent
may make arrangements with a police officer for a licensed dealer or licensed
armourer, in company with the respondent, to collect the weapon.
(7) The
Police Powers and Responsibilities Act 2000also provides for the role of
police officers, and for offences by respondents, after a domestic violence
order, police protection notice or release conditions are made.
(8) In this
section—
"approved receipt" means a receipt in a form that is an approved form under
section 71(3) .
"made" includes issued or imposed.
"otherwise surrender" , for a weapon, means the respondent deals with the
weapon in the following way—
(a) the respondent consigns the weapon to a
licensed dealer or licensed armourer—
(i) for sale; or
(ii) for storage for
a period that does not end before the period of the domestic violence order;
(b) the respondent obtains a copy of the approved receipt for the weapon’s
consignment from the licensed dealer or licensed armourer and, if the weapon
is consigned for storage, the receipt states the respondent acknowledges the
cost of the storage is the responsibility of the respondent;
(c) the
respondent gives the copy of the receipt to a police officer—
(i)
immediately; or
(ii) within the time allowed under this section for giving
the weapon to a police officer.