Victorian Consolidated Legislation

Control of Weapons Act 1990 - SECT 9

Forfeiture or return of prohibited weapons, controlled weapons, dangerous articles or body armour

9. Forfeiture or return of prohibited weapons, controlled weapons, dangerous
articles or body armour



(1) If a court finds a person guilty or not guilty because of mental
impairment of an offence under this Act, the prohibited weapon, controlled
weapon, dangerous article or body armour to which the offence relates is
forfeited to the Crown and must be sold or destroyed unless the court makes an
order that it be returned to the person.

(2) A prohibited weapon, controlled weapon, dangerous article or body armour
which has been forfeited under subsection (1) cannot be sold or destroyed
until the period for an appeal has elapsed, or if an appeal against the
conviction has been lodged, unless the appeal has been dismissed.

(3) A prohibited weapon, controlled weapon, dangerous article or body armour
which has been seized in relation to an offence by a person under this Act
must be returned to that person in accordance with this section if-

   (a)  proceedings for that offence are not commenced within the period of 3
        months after the seizure; or

   (b)  a decision is made within that period not to bring proceedings for
        that offence.

(4) The member of the police force in charge of the police station at which
the prohibited weapon, controlled weapon, dangerous article or body armour is
kept must give notice to the person from whom the prohibited weapon,
controlled weapon, dangerous article or body armour was seized of his or her
right to have it returned.

(5) If a person who is given notice under subsection (4) does not apply within
7 days after the receipt of the notice for the return of the prohibited
weapon, controlled weapon, dangerous article or body armour as the case
requires, the prohibited weapon, controlled weapon, dangerous article or body
armour is forfeited to the Crown and must be sold or destroyed.

(6) A person who applies under this section for the return of a prohibited
weapon, controlled weapon, dangerous article or body armour, must collect it
from the police station at which it is kept.

(7) If the person who applies for the return of a prohibited weapon,
controlled weapon, dangerous article or body armour is under the age of 18
years, the prohibited weapon, controlled weapon, dangerous article or body
armour must not be returned to him or her unless he or she is accompanied by a
parent or guardian to collect it.