South Australian Consolidated Acts

DOMESTIC VIOLENCE ACT 1994 - SECT 10

10—Firearms orders

        (1)         Subject to subsection (2), when the Court makes a domestic violence restraining order, it must also make the following supplementary orders:

            (a)         if the defendant has possession of a firearm—

                  (i)         an order that the firearm be confiscated, and disposed of or dealt with as directed by the Court; and

                  (ii)         if the circumstances of the case so require—an order authorising a member of the police force to enter any premises in which such a firearm is suspected to be, and search for and take possession of any such firearm; and

            (b)         if the defendant has a licence or permit to be in possession of a firearm—an order that the licence or permit be cancelled and delivered up to the Registrar of Firearms; and

            (c)         an order that the defendant be disqualified from holding or obtaining a licence or permit to be in possession of a firearm; and

            (d)         an order that the defendant be prohibited from possessing a firearm in the course of his or her employment.

        (2)         If the domestic violence restraining order is subject to confirmation—

            (a)         an order for confiscation of a firearm must provide for the return of any confiscated firearm to the defendant if the domestic violence restraining order is not confirmed; and

            (b)         if the defendant has a licence or permit to be in possession of a firearm—an order will be made in the first instance for the suspension of the licence or permit until the court determines whether to confirm the domestic violence restraining order, but if the domestic violence restraining order is confirmed, an order must then be made for the cancellation of the licence or permit and its delivery up to the Registrar of Firearms; and

            (c)         an order disqualifying the defendant from holding or obtaining a licence or permit to be in possession of a firearm will lapse if the domestic violence restraining order is not confirmed; and

            (d)         an order prohibiting the defendant from possessing a firearm in the course of his or her employment will lapse if the domestic violence restraining order is not confirmed.