Australian Capital Territory Numbered Acts

WEAPONS ACT 1991 (NO. 8 OF 1991) - SECT 53

53. (1) Where a dangerous weapons licence or a corporate dangerous weapons licence ceases to have effect, the former licensee shall not, without reasonable excuse—

        (a)     fail to deliver to the Registrar or a licensed dealer, within 7 days after the date on which the licence has ceased to have effect, each weapon registered or endorsed on the former licence that is in his or her possession; and

        (b)     if any of the weapons is delivered to a licensed dealer—fail to deliver to the Registrar, within 7 days after the date on which the licence has ceased to have effect, a statement by the former licensee specifying the name and address of the licensed dealer to whom each weapon was delivered, the date it was delivered and details of each weapon sufficient to identify it.

Penalty: $2,000 or imprisonment for 12 months, or both.

(2) Where a dangerous weapons licence or corporate dangerous weapons licence ceases to have effect, and on the date it ceases to have effect a weapon registered or endorsed on the former licence is not in his or her possession, the former licensee shall not, without reasonable excuse, fail to deliver to the Registrar, within 7 days after that date, a statement of the whereabouts on that date of each weapon registered on the former licence.

Penalty: $2,000 or imprisonment for 12 months, or both.

(3) Where a restricted weapons licence ceases to have effect, the former licensee shall not, without reasonable excuse, fail to deliver to the Registrar, within 7 days after the date on which the licence has ceased to have effect—

        (a)     the restricted weapon to which the former licence relates; or

        (b)     a statement by the former licensee that he or she has, on a specified date, delivered the restricted weapon specified in the former licence to the licensed dealer specified in the statement.

Penalty: $2,000 or imprisonment for 12 months, or both.

(4) Where a dealer's licence ceases to have effect, the former licensee shall not, without reasonable excuse—

        (a)     fail to deliver to the Registrar or a licensed dealer, within 21 days after the date on which the licence ceased to have effect, each dangerous weapon or restricted weapon on the premises to which the former licence relates, unless before the expiration of that period he or she ceases to be the owner of the weapon; and

        (b)     if any of the weapons is delivered to a licensed dealer—fail to deliver to the Registrar, within 7 days after the date on which the last weapon was delivered to the dealer in accordance with paragraph (a), a statement by the former licensee specifying the name and address of the licensed dealer to whom each weapon was delivered, the date it was delivered and details sufficient to identify it.

Penalty: $2,000 or imprisonment for 12 months, or both.

(5) For the purposes of subsections (1), (2), (3) and (4), a licence ceases to have effect if it has—

        (a)     been cancelled or suspended (whether under this or any other law of the Territory);

        (b)     been surrendered; or

        (c)     expired.

(6) If a dangerous weapon or restricted weapon is delivered to the Registrar in accordance with subsection (1), (3) or (4), otherwise than by reason of its being surrendered or the relevant licence having expired, then—

        (a)     if—

              (i)     no appeal is lodged with the Tribunal against the Registrar's decision to cancel the licence; or

              (ii)     an appeal is lodged with the Tribunal and the Registrar's decision is upheld, the appeal is withdrawn, or is determined otherwise than by the decision of the Registrar being set aside;

the weapon is, for the purposes of section 92, to be taken to have been surrendered to the Registrar; or

        (b)     if an appeal is lodged with the Tribunal and the Registrar's decision to cancel, suspend or not renew the licence is set aside—the Registrar shall, within 7 days after the date of notification of the decision, return the weapon to the owner.

(7) Where a dangerous weapon endorsed on a licence to which subsection (1) applies is delivered to the Registrar, the Registrar shall, within 7 days after that delivery, deliver the weapon to the owner, unless the Registrar would otherwise be entitled under this Act to be in possession of the weapon.

(8) If a dangerous weapon or restricted weapon is delivered to a licensed dealer in accordance with subsection (1) or (4) (otherwise than by reason of its being surrendered or the relevant licence having expired), then, if an appeal is lodged with the Tribunal and the Registrar's decision to cancel, suspend or not renew the licence is set aside, the licensed dealer shall, within 7 days after the date of notification of the decision, return the weapon to the owner.