Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 35

Surrender of firearms

35. Surrender of firearms



(1) This section applies if-

   (a)  an intervention order has been made against a person or a police
        officer is satisfied, on the balance of probabilities, that there are
        grounds for the making of an intervention order against the person;
        and

   (b)  the police officer is aware that the person has a firearm, a firearms
        authority or ammunition in the person's possession.

(2) The police officer may-

   (a)  direct the person to immediately surrender the firearm, firearms
        authority or ammunition to the police officer; or

   (b)  by written notice served on the person, direct the person to surrender
        the firearm, firearms authority or ammunition to a police officer at a
        specified place within a specified time or, if no time is specified,
        within 48 hours after the direction is given to the person.

(3) A direction under subsection (2) must include the prescribed particulars.

(4) A person given a direction under subsection (2) must not, without lawful
excuse, fail to comply with the direction.

Penalty: In the case of a failure to comply with a direction to surrender a
firearm, 60 penalty units;
In the case of a failure to comply with a direction to surrender a firearms
authority or ammunition, 30 penalty units.