Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A prison officer
who comes into possession of property under section 41, 49 or 49A does
not commit —
(a) an
offence under the Firearms Act 1973 in relation to possession of a
firearm, ammunition or a silencer or contrivance of a similar nature; or
(b) an
offence under the Misuse of Drugs Act 1981 in relation to the possession
of a prohibited drug, prohibited plant or utensil,
if the prison officer
possesses the property for a reason set out in subsection (2).
(2) A prison officer
may possess the property —
(a) so
as to deliver it into the custody of a member of the Police Force or an
employee of the Police Service; or
(b) in
the case of a firearm, if the prison officer is authorised under this Act to
be in possession of the firearm for the purposes of section 47.
[Section 49B inserted by No. 43 of 1999
s. 16.]