Victorian Consolidated Legislation

Firearms Act 1996 - SECT 53

Surrender of firearms and licence document

53. Surrender of firearms and licence document



(1) If a licence under this Part is suspended or cancelled, the holder must-

   (a)  if served personally with notice of the suspension or cancellation,
        immediately surrender any firearm or cartridge ammunition in that
        person's possession and the licence document to the person serving the
        notice; and

   (b)  if served by post with notice of the suspension or cancellation,
        within 7 days of service of the notice, surrender any firearm or
        cartridge ammunition in that person's possession and the licence
        document to a police station.

Penalty: 240 penalty units or 4 years imprisonment.

(2) If a member of the police force has reasonable grounds for believing that
a person has not complied with subsection (1), the member-

   (a)  must seize any firearm or cartridge ammunition which the member is
        aware is in the possession of the person; and



   (b)  may, at any reasonable time, without warrant, enter and search any
        premises where the person resides or has resided for the purpose of
        seizing any such firearm or cartridge ammunition.

(3) Despite the surrender or seizure of a firearm or cartridge ammunition
under this section the person who has surrendered the firearm or cartridge
ammunition or from whom the firearm or cartridge ammunition has been seized
continues to be the owner of the firearm or cartridge ammunition.

(4) If a person has surrendered a firearm or cartridge ammunition under this
section or if a firearm or cartridge ammunition has been seized from a person
under this section, that person must dispose of that firearm or cartridge
ammunition to a licensed firearms dealer-



   (a)  if the surrender or seizure is as a consequence of the making of a
        final order under the Family Violence Protection Act 2008-

   (i)  within 3 months of the making the order; or

   (ii) if an application for a declaration under section 189 has been made
        within 3 months of the making of the order, within 28 days of a
        decision not to make that declaration; or

   (ab) if the surrender or seizure is as a consequence of the making of a
        final order under the Stalking Intervention Orders Act 2008-

   (i)  within 3 months of making the order; or

   (ii) if an application for a declaration under section 189 has been made
        within 3 months of the making of the order, within 28 days of a
        decision not to make that declaration; or

   (b)  if the surrender or seizure is as a consequence of a decision of the
        Chief Commissioner to cancel or suspend a licence-

   (i)  if no application for review has been made against the decision,
        within 28 days of the making of the decision; or

   (ii) if an application for review of the decision has been made, within 28
        days of the confirmation of the decision under that procedure; or

   (iii) if an application for a declaration has been made under section
        189(1A) within 56 days of the making of the decision, within 28 days
        of the making of a decision not to make that declaration; or

   (c)  if the surrender or seizure is as a consequence of any other
        cancellation of a licence, within 28 days of the cancellation.

Penalty: 60 penalty units or 12 months imprisonment.

(5) If a person-

   (a)  has made an application for a declaration under section 189 before the
        commencement of this section but that application has not been
        determined before that commencement; or

   (b)  makes an application for a declaration under section 189 within 56
        days of the commencement of this section-

for the purposes of subsection (4)(a)(ii), that person is deemed to have made
that application within 56 days of the making of the order.

(6) If a person makes an application for a declaration under section 189(1A)
within 56 days of the commencement of section 39 of the Firearms (Amendment)
Act 1998, for the purposes of subsection (4)(b)(iii), that person is deemed to
have made that application within 56 days of the making of the decision.