Western Australian Consolidated Acts Western Australian Consolidated Acts (1) A person claiming
to be lawfully entitled to possess a weapon that has been seized and retained
by a member of the Police Force under this Act may, within 21 days of the
relevant day, apply to the Magistrates Court for an order that the weapon be
delivered to the person if —
(a) no
one is charged with an offence to which the weapon relates; or
(b)
someone is charged with an offence to which the weapon relates but upon the
hearing and determination of every such charge —
(i)
no one is convicted; or
(ii)
if someone is convicted, no order is made under
section 16(1).
(2) In
subsection (1) —
relevant day in relation to a weapon that has been
seized and retained by a member of the Police Force under this Act
means —
(a) if
no one is charged with an offence to which the weapon relates or dealt with by
a juvenile justice team for a matter to which the weapon relates, the day of
the seizure of the weapon;
(b) if
no one is charged with an offence to which the weapon relates but someone is
dealt with by a juvenile justice team for a matter to which the weapon
relates, the day on which every such matter is finally disposed of by the
team; or
(c) if
someone is charged with an offence to which the weapon relates, the day on
which every such charge has been heard and determined.
(3) A court hearing an
application under subsection (1) may order that the weapon be delivered
to the person making the application if the court is satisfied on the balance
of probabilities that the person is lawfully entitled to possess the weapon.
(4) A weapon is
forfeited to the Crown if, in the circumstances set out in
subsection (1) —
(a) no
application for the delivery of a weapon is made within the time fixed by that
subsection; or
(b) an
application for the delivery of a weapon is made within the time fixed by that
subsection but every such application is dismissed.
[Section 17 amended by No. 59 of 2004
s. 141.]