Victorian Consolidated Legislation

Stalking Intervention Orders Act 2008 - SECT 42

Effect of seizure of firearm if no final order made

42. Effect of seizure of firearm if no final order made



(1) This section applies if-

   (a)  a person's firearm, firearms authority or ammunition is seized under
        section 37 or 40; and

   (b)  the following applies-

   (i)  a final order is not made in respect of the person;

   (ii) an application for an intervention order is not made within a
        reasonable time;

   (iii) the firearm, firearms authority or ammunition is not otherwise
        required as evidence in further proceedings under this Act or another
        Act;

   (iv) the firearm, firearms authority or ammunition is not subject to
        forfeiture after a proceeding for an offence under this Act or another
        Act.

(2) The firearm, firearms authority or ammunition seized must-

   (a)  if the firearm, firearms authority or ammunition is required to be
        forfeited or disposed of under the Firearms Act 1996 or another Act-be
        forfeited or disposed of in accordance with that Act; or

   (b)  otherwise-be returned to the person.

(3) If a firearm or ammunition is disposed of by sale under subsection (2),
the proceeds of the sale must be paid to the owner of the firearm or
ammunition.

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