South Australian Current Acts

FIREARMS ACT 2015 - SECT 43

43—Interim firearms prohibition order issued by police officer

        (1)         Subject to subsection (2), a police officer may issue an interim firearms prohibition order against a person if the police officer suspects on reasonable grounds that—

            (a)         possession of a firearm by the person would be likely to result in undue danger to life or property; or

            (b)         the person is not a fit and proper person to possess a firearm.

        (2)         If the police officer issuing the order is not of or above the rank of sergeant, the officer must, before issuing the order, obtain the authorisation (either orally or in writing) of a police officer of or above that rank.

        (3)         An interim firearms prohibition order must be in a form approved by the Registrar.

        (4)         For the purposes of this Act, an interim firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person.

        (5)         If a police officer proposes to issue an interim firearms prohibition order against a person—

            (a)         the officer may require the person to—

                  (i)         remain at a particular place while the order is prepared and issued so that the order may be served on the person; or

                  (ii)         accompany the officer to the nearest police station for the order to be served; and

            (b)         if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, the officer may arrest and detain the person in custody (without warrant) for—

                  (i)         so long as may be necessary for the order to be served on the person; or

                  (ii)         2 hours,

whichever is the lesser.

        (6)         If a person accompanies a police officer to a police station in accordance with a requirement under subsection (5)(a)(ii), a police officer must ensure that the person is returned to the place at which the requirement was made, or taken to a place that is near to that place, unless to do so would be against the person's wishes or there is other good reason for not so doing.

        (7)         A person against whom an interim firearms prohibition order is issued must give the Registrar written notice of an address for service.

        (8)         An interim firearms prohibition order expires 28 days after the Registrar is given written notice of the person's address for service.

        (9)         The Registrar may, on his or her own initiative, revoke an interim firearms prohibition order by written notice served personally or by post on the person against whom it is issued.