CONTROL OF WEAPONS ACT 1990 - SECT 9A Forfeiture of controlled weapons if infringement notice served
CONTROL OF WEAPONS ACT 1990 - SECT 9A
Forfeiture of controlled weapons if infringement notice servedS. 9A(1) amended by Nos 43/2011 s. 9, 37/2014 s. 10(Sch. item 28.4).
(1) This section applies if a police officer or a protective services officer serves a person (the recipient ) with an infringement notice in respect of an offence against section 6(1), (1AA) or (1A) and seizes a controlled weapon to which the offence relates.
(2) The controlled weapon is forfeited to the Crown.
(3) Subject to subsection (4), the controlled weapon may be sold or destroyed if—
(a) the recipient pays the infringement penalty stated in the infringement notice; or
(b) the recipient commences a payment plan, under section 48 of the Infringements Act 2006 , for the infringement penalty stated in the infringement notice; or
S. 9A(3)(ba) inserted by No. 47/2014 s. 254(1).
(ba) the recipient commences a payment arrangement under section 47 of the Fines Reform Act 2014 ; or
(c) the recipient requests the addition of the infringement penalty stated in the infringement notice to a payment plan under Part 3 of the Infringements Act 2006 ; or
(d) the payment period specified in the infringement notice expires and the recipient has not applied, under section 22 of the Infringements Act 2006 , for review of the decision to serve the infringement notice; or
S. 9A(3)(e) amended by No. 37/2014 s. 10(Sch. item 28.4).
(e) the recipient applies, under section 22 of the Infringements Act 2006 , for review of the decision to serve the infringement notice and a police officer decides, on review—
(i) to confirm the decision to serve the infringement notice; or
(ii) to withdraw the infringement notice and serve an official warning (within the meaning of that Act) in place of the infringement notice—
and 28 days have elapsed since that decision.
(4) Subsection (3) does not apply if—
(a) the recipient elects, under section 16 of the Infringements Act 2006 , to have the matter of the infringement offence heard and determined in the Magistrates' Court or the Children's Court; or
S. 9A(4)(b) amended by No. 37/2014 s. 10(Sch. item 28.4).
(b) a police officer, whether on a review under section 24 of the Infringements Act 2006 or otherwise—
(i) refers the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of that Act; or
(ii) withdraws the infringement notice and files a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with.
Note
Section 9 applies if the matter of the infringement offence is heard and determined in the Magistrates' Court or the Children's Court.
(5) Subject to subsection (6), the controlled weapon must be returned to the recipient in accordance with this section if—
S. 9A(5)(a) amended by No. 37/2014 s. 10(Sch. item 28.4).
(a) a police officer withdraws the infringement notice without—
(i) referring the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of the Infringements Act 2006 ; or
(ii) filing a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with; or
(iii) serving, on that person, an official warning (within the meaning of the Infringements Act 2006 ) in place of the infringement notice; or
S. 9A(5)(b) substituted by No. 47/2014 s. 254(2).
(b) the enforcement agency under the Infringements Act 2006 grants an application under section 25(2A)(a) of that Act; or
(c) the Children's Court cancels the infringement notice under clause 16 of Schedule 3 to the Children, Youth and Families Act 2005 .
(6) Subsection (5) does not apply if the controlled weapon has been sold or destroyed under subsection (3).
(7) Section 9(4), (5), (6) and (7) apply to the return of a controlled weapon under subsection (5).
S. 10 substituted by No. 30/1994
s. 5, amended by No. 47/2000 s. 11(a)(i)(ii), substituted by
No. 9/2003 s. 6, amended by 53/2007 s. 12, substituted by
No. 92/2009 s. 9.