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WEAPONS ACT 1990 - SECT 137 Notice to dispose

WEAPONS ACT 1990 - SECT 137

Notice to dispose

137 Notice to dispose

(1) If, after considering the accepted representations, the authorised officer is not satisfied that the licensee has complied with a participation condition, the authorised officer may, by written notice (
"notice to dispose" ) given to the licensee, require the licensee to dispose of a particular category H weapon or class of category H weapon within 3 months after the date of the notice.
Note—
If the authorised officer is satisfied that the licensee’s failure to comply with a participation condition was for reasons outside the licensee’s control, the authorised officer may, under section 133 (7) , decide the number of times the licensee was required to use the weapon to satisfy the participation condition.
(2) The licensee must dispose of the weapon within 3 months after the date of the notice to dispose
(a) to a person lawfully acquiring the weapon under a permit to acquire; or
(b) by delivering the weapon to a licensed dealer; or
(c) by delivering the weapon to a licensed armourer; or
(d) by surrendering the weapon to a police officer under arrangements made for the surrender.
(3) The licensee may acquire a weapon delivered to a licensed dealer or licensed armourer under this section only if the licensee has a current permit to acquire the weapon issued after the weapon was delivered to the dealer or armourer.
Penalty—
Maximum penalty—100 penalty units or 2 years imprisonment.
(4) The licensee must provide evidence of the disposal to an authorised officer within 4 months after the date of the notice to dispose.
Penalty—
Maximum penalty—60 penalty units.
(5) If a weapon is surrendered to a police officer under this section—
(a) on the surrender, the weapon is State property; and
(b) no compensation is payable for the weapon.