Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 41

Effect of seizure of firearms if final order made

41. Effect of seizure of firearms if final order made



(1) If a person's firearm, firearms authority or ammunition is seized under
section 37 or 40 and a final order has been or is made against the person, any
firearm, firearms authority or ammunition seized must be-

   (a)  returned to the person if-

   (i)  the person is declared under the Firearms Act 1996 not to be a
        prohibited person; and

   (ii) the firearm, firearms authority or ammunition is not required as
        evidence in further proceedings under this Act or another Act and is
        not subject to forfeiture after a proceeding for an offence under this
        Act or another Act; or

   (b)  if paragraph (a) does not apply and the period during which, under
        section 47A(2) of the Firearms Act 1996, the person may make an
        application under section 189 of that Act has ended or the application
        has been refused, forfeited to the Crown or disposed of in accordance
        with directions in the order or, if there are no such directions,
        forfeited to the Crown or disposed of, under the Firearms Act 1996.

(2) If a firearm or ammunition is disposed of by sale under this section in
accordance with directions in an order, the proceeds of the sale must be paid
to the owner of the firearm or ammunition.