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MAGISTRATES COURT (AMENDMENT) ACT 1997 (NO. 25 OF 1997) - SECT 4

Seizure of firearms

4. Section 206D of the Principal Act is amended by omitting subsections (2), (3), (4), (5) and (6) and substituting the following subsections:

“(2) If the Court makes such a restraining order, the Court may also order—

        (a)     the seizure of any firearm and any ammunition for a firearm in the respondent's possession; and

        (b)     the seizure of the licence.

“(3) Where an interim restraining order is made in respect of a person who is the holder of a licence under the Firearms Act 1996 , the licence is by force of this section suspended until the order is confirmed or revoked unless, on application made at the time of the making of the order, the Court is satisfied that the licence should not be suspended.

“(4) Where a licence is suspended under subsection (3), the Court may order—

        (a)     the seizure of the licence for the period specified in the order; and

        (b)     the seizure and detention for that period of any firearm and any ammunition for a firearm in the respondent's possession.

“(5) In determining an application under subsection (1) or (3), the Court shall have regard to the matters specified in section 204.

“(6) An expression used in this section that is defined in the Firearms Act 1996 has, in this section, the same meaning as in that Act.”.



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