FIREARMS ACT 1973 - SECT 24

FIREARMS ACT 1973 - SECT 24

24 .         Powers of police

        (1)         A member of the Police Force may demand from any person in possession of a firearm, major firearm part, prohibited firearm accessory or ammunition —

            (a)         the licence or permit under which the person is authorised to have such possession; or

            (b)         evidence that the person is authorised to have such possession otherwise than under a licence or permit or is exempt under section 8 from the requirement to hold a licence under this Act; and

            (c)         if the licence or permit, or the authorisation or exemption, is such that the person in possession of the firearm, major firearm part, prohibited firearm accessory or ammunition should also be in possession of an Extract of Licence in respect of that licence, permit, authorisation, or exemption, that Extract of Licence,

                and where no such licence or permit, or no relevant Extract of Licence, is produced or the officer is not satisfied that the possession is otherwise authorised the officer may seize and take possession of that firearm, major firearm part, prohibited firearm accessory or ammunition.

        (2)         A member of the Police Force may seize and take possession of any firearm, major firearm part, prohibited firearm accessory or ammunition that is in the possession of a person, whether or not the person is licensed or otherwise authorised to possess it if, in the opinion of the member of the Police Force —

            (a)         possession of it by that person may result in harm being suffered by any person; or

            (b)         that person is not at the time a fit and proper person to be in possession of it.

        (2a)         For the purpose of exercising the powers given by subsection (2), a member of the Police Force may enter and search any premises on which, in the opinion of the member of the Police Force, there are reasonable grounds to suspect that any firearm, major firearm part, prohibited firearm accessory or ammunition may be found in the possession of a person in the circumstances described in that subsection.

        (3)         A member of the Police Force may require any person to permit the officer to examine a firearm or major firearm part in the possession of that person and if, in the opinion of the officer, any such firearm or major firearm part, the possession of which is not authorised under a Firearm Collector’s Licence, is unsafe or unserviceable the officer may seize and take possession of it.

        (3A)         A member of the Police Force who suspects on reasonable grounds that a person is in possession of firearms technology may direct that the person provide a password, device or some other information or thing to enable the member of the Police Force to access the firearms technology.

        (3B)         A person who refuses or fails without lawful excuse to comply with any direction given by a member of the Police Force under subsection (3A) commits a crime.

        Penalty for this subsection: imprisonment for 10 years.

        Summary conviction penalty for this subsection: imprisonment for 3 years.

        (4)         A member of the Police Force may —

            (a)         question any person who is suspected on reasonable grounds of being able to furnish information or evidence relating to an offence or suspected offence under this Act;

            (b)         stop, search, and detain —

                  (i)         any person who is suspected on reasonable grounds of having a firearm, major firearm part, prohibited firearm accessory or ammunition in the person’s possession without lawful excuse;

                  (ii)         any vehicle or conveyance where there are reasonable grounds to suspect that a firearm, major firearm part, prohibited firearm accessory or ammunition is kept without lawful excuse;

            (c)         arrest any person who is suspected on reasonable grounds of committing an offence under this Act.

        (5)         Any firearm, major firearm part, prohibited firearm accessory or ammunition seized and any person arrested under the provisions of subsection (1) shall be dealt with according to law.

        (6)         A person commits an offence if the person —

            (a)         refuses or fails without lawful excuse to answer any question put by a member of the Police Force under this Act;

            (b)         wilfully misleads or wilfully attempts to mislead any member of the Police Force in any particular likely to affect the discharge of the member’s duty under this Act;

            (c)         refuses or fails to produce any licence or permit held by the person under this Act, or any firearm in respect of which any such licence or permit is issued, or any Extract of Licence issued in respect of any such licence or permit or in respect of any exemption or other authorisation, within reasonable time after demand made by a member of the Police Force.

        Penalty for this subsection: a fine of $4 000.

        (7)         The powers given by this section to a member of the Police Force may be exercised without warrant except that the powers given by subsection (2a) can only be exercised without warrant if the member of the Police Force —

            (a)         is reasonably of the opinion that —

                  (i)         there is an immediate threat of harm being suffered by a person; and

                  (ii)         the delay that would be involved in obtaining a warrant would be likely to increase the risk or extent of such harm;

                and

            (b)         gives the Commissioner, after the powers are exercised, a written report explaining the reason for that opinion.

        (8)         The regulations may make provision as to the giving of the report required by subsection (7)(b).

        (9)         For the purposes of this section the term firearm is deemed to include any sound suppressor.

        [Section 24 amended: No. 61 of 1976 s. 5; No. 54 of 1978 s. 4; No. 70 of 1987 s. 9; No. 90 of 1994 s. 5; No. 59 of 1996 s. 27, 42 and 50(2); No. 69 of 2004 s. 31; No. 59 of 2006 s. 73; No. 13 of 2022 s. 47 and 66.]