Australian Capital Territory Repealed Acts

This legislation has been repealed.

WEAPONS ACT 1991 - SECT 72

        (a)     is connected with a particular offence against this Act or the regulations; and

        (b)     in the case of a dangerous weapon—is unsafe to use;

and the information sets out those grounds, the magistrate may issue a search warrant authorising a police officer named in the warrant, with such assistance and by such force as is necessary and reasonable—

        (c)     to enter the premises;

        (d)     to search the premises for that weapon or thing; and

        (e)     to exercise the powers of a police officer under subsection 69 (3) in relation to the premises.

(2) A magistrate shall not issue a warrant unless—

        (a)     the informant or another person has given the magistrate, either orally or by affidavit, any further information that the magistrate requires concerning the grounds on which the issue of the warrant is being sought; and

        (b)     the magistrate is satisfied that there are reasonable grounds for issuing the warrant.

(3) A warrant shall—

        (a)     state the purpose for which it is issued;

        (b)     specify the nature of the offence or the lack of compliance in relation to which the entry and search are authorised;

        (c)     specify particular hours during which the entry is authorised, or state that the entry is authorised at any time of the day or night;

        (d)     include a description of the kinds of things in relation to which the powers under subsection 69 (3) may be exercised; and

        (e)     specify the date, being a date not later than 1 month after the date of issue of the warrant, on which the warrant ceases to have effect.

(4) If, in the course of searching any premises, pursuant to a warrant issued under subsection (1), a police officer—

        (a)     finds any dangerous weapon, restricted weapon, prohibited weapon or other article or thing that is not of a kind specified in the warrant;

        (b)     has reasonable grounds for believing that—

              (i)     the thing is used in the manufacture, sale, modification, testing, repair, export or import of dangerous weapons, restricted weapons or prohibited weapons; or

              (ii)     possession of the weapon is prohibited by, or the weapon does not comply with, this Act or the regulations; and

        (c)     has reasonable grounds for believing that it is necessary to seize the weapon or thing in order to prevent its—

              (i)     concealment, loss or destruction;

              (ii)     sale, manufacture or export; or

              (iii)     being exposed for sale;

the police officer may seize it.

Forfeiture etc. of weapons