South Australian Consolidated Acts South Australian Consolidated Acts10C—Effect of firearms prohibition order
(1) A person to whom a
firearms prohibition order applies is disqualified from obtaining any licence
or permit under this Act.
(2) While a
firearms prohibition order is in force against a person—
(a) any
licence or permit under this Act held by the person is suspended; and
(b)
section 31A does not apply.
(3) A person against
whom a firearms prohibition order is in force must not acquire, possess or use
a firearm, firearm part or ammunition.
Maximum penalty:
(a) in
the case of a firearm—$75 000 or imprisonment for 15 years;
(b) in
the case of a firearm part or ammunition—$35 000 or imprisonment
for 7 years.
(4) If a
firearms prohibition order comes into force against a person, the person must
forthwith surrender to the Registrar all firearms, firearm parts and
ammunition owned by the person.
Maximum penalty:
(a) in
the case of a firearm—$50 000 or imprisonment for 10 years;
(b) in
the case of a firearm part or ammunition—$20 000 or imprisonment
for 4 years.
(5) A person against
whom a firearms prohibition order is in force—
(a) must
not be present at—
(i)
the grounds of a firearms club or the range of a
commercial range operator; or
(ii)
a place at which a person carries on the business of
manufacturing, repairing, modifying or testing firearms, firearm parts or
ammunition or buying, selling or hiring out, firearms, firearm parts or
ammunition; or
(iii)
any other place of a kind prescribed by regulation; and
(b) must
not become a member of a firearms club; and
(c) must
not be in the company of a person who has a firearm on or about his or her
person or under his or her immediate physical control.
Maximum penalty: $10 000 or imprisonment for 2 years.
(6) It is a defence to
prosecution for an offence against subsection (5)(c) to prove that the
person did not know, and could not reasonably be expected to have known, that
the other person had a firearm on or about his or her person or under his or
her immediate physical control.
(7) A person against
whom a firearms prohibition order is in force must not reside at premises on
which there is a firearm, firearm part or ammunition.
Maximum penalty:
(a) in
the case of a firearm—$50 000 or imprisonment for 10 years;
(b) in
the case of a firearm part or ammunition—$20 000 or imprisonment
for 4 years.
(8) It is a defence to
prosecution for an offence against subsection (7) to prove that the
person did not know, and could not reasonably be expected to have known, that
the firearm, firearm part or ammunition was on the premises.
(9) A person against
whom a firearms prohibition order is in force must inform each other person of
or over the age of 18 years who resides or proposes to reside at the same
premises as the person of the fact that a firearms prohibition order is in
force against the person and ask each such person whether or not he or she has
or proposes to have a firearm, firearm part or ammunition on the premises.
Maximum penalty: $10 000 or imprisonment for 2 years.
(10) A person must not
supply a firearm, firearm part or ammunition to a person to whom a
firearms prohibition order applies or permit such a person to gain
possession of a firearm, firearm part or ammunition.
Maximum penalty:
(a) in
the case of a firearm—$75 000 or imprisonment for 15 years;
(b) in
the case of a firearm part or ammunition—$35 000 or imprisonment
for 7 years.
(11) A person who has
a firearm on or about his or her person or under his or her immediate physical
control must not be in the company of a person to whom a
firearms prohibition order applies.
Maximum penalty: $10 000 or imprisonment for 2 years.
(12) If a person to
whom a firearms prohibition order applies resides at premises, a person who
brings a firearm, firearm part or ammunition onto the premises or has
possession of a firearm, firearm part or ammunition on the premises is guilty
of an offence.
Maximum penalty:
(a) in
the case of a firearm—$50 000 or imprisonment for 10 years;
(b) in
the case of a firearm part or ammunition—$20 000 or imprisonment
for 4 years.
(13) It is a defence
to prosecution for an offence against subsection (10), (11) or (12) to
prove that the person did not know, and could not reasonably be expected to
have known, that a firearms prohibition order applies to the person.
(14) For the purposes
of this section—
(a) if a
person to whom a firearms prohibition order applies is on or in premises or a
vehicle, vessel or aircraft (other than any premises, vehicle, vessel or
aircraft to which the public are admitted) when a firearm, firearm part or
ammunition is found on or in the premises, vehicle, vessel or aircraft, the
person will be taken to possess the firearm, firearm part or ammunition unless
it is proved that the person did not know, and could not reasonably be
expected to have known, that the firearm, firearm part or ammunition was on or
in the premises, vehicle, vessel or aircraft; and
(b) a
person will be taken to acquire a firearm if—
(i)
the person knowingly takes, or participates in, any step,
or causes any step to be taken, in the process of acquisition of the firearm;
or
(ii)
the person knowingly provides or arranges finance for any
step in that process; or
(iii)
the person knowingly provides the premises in which any
step in that process is taken, or suffers or permits any step in that process
to be taken in premises of which the person is an owner, lessee or occupier or
of which the person has care, control or management; and
(c) a
person will be taken to supply a firearm if—
(i)
the person knowingly takes, or participates in, any step,
or causes any step to be taken, in the process of supply of the firearm; or
(ii)
the person knowingly provides or arranges finance for any
step in that process; or
(iii)
the person knowingly provides the premises in which any
step in that process is taken, or suffers or permits any step in that process
to be taken in premises of which the person is an owner, lessee or occupier or
of which the person has care, control or management.
(15) The Registrar may
exempt a person, unconditionally or subject to conditions, from a specified
provision of this section and may vary or revoke an exemption by notice in
writing served personally or by registered post on the holder of the
exemption.