Australian Capital Territory Numbered Acts

WEAPONS (CONSEQUENTIAL AMENDMENTS) ACT 1991 (NO. 9 OF 1991) - SCHEDULE

    SCHEDULE     Section 3

AMENDMENTS OF ACTS

Crimes Act, 1900 of the State of New South Wales in its application in the Territory

After section 349C—

Insert the following section:

Seizure of weapon

“349D. (1) Where a police officer enters premises pursuant to section 349A, 349B or 349C, the police officer may seize any dangerous weapon or restricted weapon found in the possession of any person in or on those premises if the police officer has reasonable grounds for believing that its seizure is necessary to prevent the commission or repetition of an offence or of a breach of the peace or to protect life or property.

“(2) Where a prosecution for an offence arising out of circumstances in which a police officer has entered premises under section 349A, 349B or 349C is not instituted before the expiration of 60 days after the date of entry to those premises, any weapon seized pursuant to subsection (1) shall be returned—

        (a)     in the case of a dangerous weapon registered or endorsed on a licence under the Weapons Act 1991 —to the person on whose licence the weapon is registered; or

        (b)     in the case of a restricted weapon—to the licensee;

unless the Registrar of Weapons would otherwise be entitled under that Act to be in possession of the weapon.

“(3) An expression that is used in subsection (1) or (2) and in the Weapons Act 1991 has, in this section, the same meaning as in that Act.”.

Domestic Violence Act 1986

Subsection 14A (1)—

Omit “ Gun Licence Act 1937 ”, substitute “ Weapons Act 1991 ”.

Subsection 14A (3)—

Omit “gun or pistol”, substitute “dangerous weapon or restricted weapon”.

Subsection 14A (5)—

Omit “ Gun Licence Act 1937 ”, substitute “ Weapons Act 1991 ”.

Paragraph 14A (5) (b)—

Omit “gun or pistol”, substitute “dangerous weapon or restricted weapon”.

Subsection 14A (6)—

Omit the subsection, substitute the following subsection:

“(6) In this section—