Australian Capital Territory Numbered Acts

WEAPONS ACT 1991 (NO. 8 OF 1991) - SECT 58

58. (1) Where the Registrar refuses to register a dangerous weapon the licensee shall, not later than 7 days after the date of refusal—

        (a)     deliver the weapon to the Registrar or a licensed dealer; or

        (b)     if registration is refused on the ground that the weapon is not safe—

              (i)     deliver the weapon to a licensed dealer for the purpose of its being rendered safe; and

              (ii)     deliver to the Registrar a statement by the licensee specifying the name and address of the licensed dealer to whom the weapon was delivered for the purpose of its being rendered safe and the date it was delivered.

(2) If a dangerous weapon is delivered to the Registrar in accordance with paragraph (1) (a), then—

        (a)     if—

              (i)     no appeal is lodged with the Tribunal against the Registrar's decision to refuse to register the weapon; or

              (ii)     an appeal is lodged with the Tribunal and that decision is upheld, the appeal is withdrawn, or is determined otherwise than by the decision of the Registrar being set aside;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 refuse to register the weapon is set aside—the Registrar shall, within 7 days after the date of notification of the decision, return the weapon to the owner.

(3) If a dangerous weapon is delivered to a licensed dealer in accordance with subsection (1) then, if an appeal is lodged with the Tribunal and the Registrar's decision to refuse to register the weapon is set aside, the licensed dealer shall, within 7 days after the date of notification of the decision, return the weapon to the owner.

(4) If a dangerous weapon is delivered to a licensed dealer in accordance with paragraph (1) (a) because registration has been refused (otherwise than on the ground that the weapon is not safe), the licensee shall not fail to deliver to the Registrar, within 7 days after the date of refusal, a statement by the licensee specifying the name and address of the licensed dealer to whom the weapon was delivered and the date it was delivered.

(5) A person who, without reasonable excuse, contravenes subsection (1) or (4) is guilty of an offence, punishable, on conviction, by a fine not exceeding $2,000 or imprisonment for 12 months, or both.