NATIONAL PARKS ACT 1975 - SECT 36 Seizure and forfeiture of guns and other weapons

NATIONAL PARKS ACT 1975 - SECT 36

S. 36(1) amended by No. 37/2014 s. 10(Sch. item 115.2).

    (1)     An authorized officer or a police officer may in a park seize a gun or other weapon unless the gun or other weapon is in the possession of a person authorized under this or another Act to use carry or have in his possession in the park the gun or other weapon.

    (2)     Where a gun or other weapon is seized pursuant to subsection (1) and an action is brought against the person in possession of that gun or other weapon and that person is convicted of an offence of using that gun or other weapon in a park in contravention of this Act that gun or other weapon is forfeited to the Crown and shall be disposed of as the Minister directs.

S. 36(3) amended by No. 66/1996 s. 205.

    (3)     In any other case where a gun or other weapon is seized pursuant to subsection (1) and a court convicts a person of any offence in respect of which the seizure was made the court may authorize the return of the gun to the person convicted or to the owner (as the case requires) but where the person convicted is proved to have been previously convicted of an offence relating to the use carrying or possession of a gun or other weapon in a park or relating to the use of a gun in contravention of the Wildlife Act 1975 or of an offence under the Firearms Act 1996 the court shall order the forfeiture of the gun to the Crown and it shall be disposed of as the Minister directs.

    (4)     Where—

        (a)     a gun or other weapon is seized under this section; and

        (b)     no action is taken under this Act against the person from whom the gun or other weapon was seized within six months of the date upon which it was seized; and

        (c)     at the expiry of the six-month period referred to in paragraph (b), the person from whom the gun or other weapon was seized is duly notified in writing sent by post to his last known address that no action has been taken under this Act and that he may claim the gun or other weapon; and

        (d)     the gun or other weapon is not claimed within twelve months of the date on which the notice was posted—

the gun or other weapon shall be disposed of as the Minister directs.

S. 36(5) amended by No. 9861 s. 3(1).

    (5)     Where any gun or other weapon is disposed of by sale pursuant to this section the proceeds of sale shall be paid into the Consolidated Fund.

S. 37 (Heading) inserted by No. 19/2018 s. 208(1), amended by No. 42/2021 s. 132(1).

S. 37 amended by No. 9247 s. 6(a).