Western Australian Consolidated Acts

WEAPONS ACT 1999 - SECT 16

16 .         Forfeiture and delivery of a weapon on conviction

        (1)         A court convicting a person of an offence may order that a weapon relating to the offence —

            (a)         is forfeited to the Crown, whether or not the weapon has been seized and retained by a member of the Police Force under this Act; or

            (b)         be delivered to another person who is lawfully entitled to possess the weapon if the weapon has been seized and retained by a member of the Police Force under this Act.

        (2)         A person claiming to be lawfully entitled to possess a weapon relating to an offence may, in relation to an order under this section —

            (a)         be heard in the proceedings for the offence;

            (b)         make an application under section 71 of the Criminal Procedure Act 2004 as if the person were a party to the proceedings for the offence; and

            (c)         appeal against the order under Part 2 of the Criminal Appeals Act 2004 .

        [Section 16 amended by No. 59 of 2004 s. 141; No. 84 of 2004 s. 78.]