South Australian Consolidated Acts

FIREARMS ACT 1977 - SECT 10A

10A—Interim firearms prohibition order issued by police officer

        (1)         Subject to subsection (2), a police officer may issue an interim firearms prohibition order against a person if the police officer suspects on reasonable grounds that—

            (a)         possession of a firearm by the person would be likely to result in undue danger to life or property; or

            (b)         the person is not a fit and proper person to possess a firearm.

        (2)         If the police officer issuing the order is not of or above the rank of sergeant, the officer must, before issuing the order, obtain the authorisation (either orally or in writing) of a police officer of or above that rank.

        (3)         An interim firearms prohibition order must be in a form approved by the Registrar.

        (4)         For the purposes of this Act, an interim firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person.

        (5)         If a police officer proposes to issue an interim firearms prohibition order against a person, the officer may—

            (a)         require the person to remain at a particular place while the order is prepared and issued so that the order may be served on the person; and

            (b)         if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for—

                  (i)         so long as may be necessary for the order to be served on the person; or

                  (ii)         2 hours,

whichever is the lesser.

        (6)         A person against whom an interim firearms prohibition order is issued must notify the Registrar in writing of an address for service.

        (7)         An interim firearms prohibition order expires 28 days after the Registrar is notified in writing of the person's address for service.

        (8)         The Registrar may, on his or her own initiative, revoke an interim firearms prohibition order by notice in writing served personally or by post on the person against whom it is issued.