South Australian Current Acts South Australian Current Acts45—Effect of firearms prohibition order
(1) While a
firearms prohibition order is in force against a person, any licence or permit
under this Act held by the person is suspended.
(2) A person against
whom a firearms prohibition order is in force must not acquire, possess or use
a firearm, a firearm part, a sound moderator or ammunition.
Maximum penalty:
(a) in
the case of a firearm—$75 000 or imprisonment for 15 years;
(b) in
the case of a firearm part, a sound moderator or ammunition—$35 000
or imprisonment for 7 years.
(3) If a
firearms prohibition order comes into force against a person, the person must
immediately surrender to the Registrar all firearms, firearm parts,
sound moderators and ammunition owned by or in the possession of the person.
Maximum penalty:
(a) in
the case of a firearm—$50 000 or imprisonment for 10 years;
(b) in
the case of a firearm part, a sound moderator or ammunition—$20 000
or imprisonment for 4 years.
(4) A person against
whom a firearms prohibition order is in force—
(i)
the grounds of a firearms club or paint-ball operator or
the range of a commercial range operator; or
(ii)
a shooting gallery; or
(iii)
an arms fair; or
(iv)
a place at which a person carries on the business of
repairing, modifying or testing firearms, firearm parts or ammunition or
buying, selling or hiring out, firearms, firearm parts or ammunition; or
(v)
a place at which a person manufactures a firearm,
firearm part or sound moderator; or
(vi)
a place at which a person carries on the business of
refurbishing firearms; or
(vii)
any other place of a kind prescribed by the regulations;
and
(b) must
not become, or remain, a member of a firearms club; and
(c) must
not be in the company of a person who has physical possession or control of a
firearm.
Maximum penalty: $50 000 or imprisonment for 10 years.
(5) It is a defence to
a charge of an offence under subsection (4)(c) to prove that the person
did not know, and could not reasonably be expected to have known, that the
other person had physical possession or control of a firearm.
(6) A person against
whom a firearms prohibition order is in force must not be present or reside at
premises on which there is a firearm, a firearm part, a sound moderator or
ammunition.
Maximum penalty:
(a) in
the case of a firearm—$50 000 or imprisonment for 10 years;
(b) in
the case of a firearm part, a sound moderator or ammunition—$20 000
or imprisonment for 4 years.
(7) It is a defence to
a charge of an offence under subsection (6) to prove that the person did
not know, and could not reasonably be expected to have known, that the
firearm, firearm part, sound moderator or ammunition was on the premises.
(8) A person against
whom a firearms prohibition order is in force must inform each other person of
or over the age of 18 years who resides or proposes to reside at the same
premises as the person of the fact that a firearms prohibition order is in
force against the person and ask each such person whether or not he or she has
or proposes to have a firearm, a firearm part, a sound moderator or ammunition
on the premises.
Maximum penalty: $20 000 or imprisonment for 4 years.
(9) A person must not
supply a firearm, a firearm part, a sound moderator or ammunition to a person
to whom a firearms prohibition order applies or permit such a person to gain
possession of a firearm, a firearm part, a sound moderator or ammunition.
Maximum penalty:
(a) in
the case of a firearm—$75 000 or imprisonment for 15 years;
(b) in
the case of a firearm part, a sound moderator or ammunition—$35 000
or imprisonment for 7 years.
(10) A person who has
physical possession or control of a firearm must not be in the company of a
person to whom a firearms prohibition order applies.
Maximum penalty: $20 000 or imprisonment for 4 years.
(11) If a person to
whom a firearms prohibition order applies resides at premises, a person who
brings a firearm, a firearm part, a sound moderator or ammunition onto the
premises or has possession of a firearm, a firearm part, a sound moderator or
ammunition on the premises is guilty of an offence.
Maximum penalty:
(a) in
the case of a firearm—$50 000 or imprisonment for 10 years;
(b) in
the case of a firearm part, a sound moderator or ammunition—$20 000
or imprisonment for 4 years.
(12) It is a defence
to a charge of an offence under subsection (9), (10) or (11) to prove
that the person did not know, and could not reasonably be expected to have
known, that a firearms prohibition order applies to the person.
(13) A police officer
may require a person who the police officer suspects on reasonable grounds is
a person against whom a firearms prohibition order is in force—
(a) to
state his or her full name, address and date of birth; and
(b) to
state the full names of the persons with whom he or she resides.
(14) A person is
guilty of an offence if the person fails or refuses, without reasonable
excuse, to comply with a requirement under subsection (13).
Maximum penalty: $10 000 or imprisonment for 2 years.
(15) A person against
whom a firearms prohibition order is in force must, within 7 days, give
the Registrar written notice, in a form approved by the Registrar, of a change
of his or her address.
Maximum penalty: $10 000.
(16) For the purposes
of this section—
(a) if a
person to whom a firearms prohibition order applies—
(i)
is on or in premises or a vehicle, vessel or aircraft
(other than any premises, vehicle, vessel or aircraft to which the public are
admitted) when a firearm, a firearm part, a sound moderator or ammunition (a
"relevant item ) is on or in, or in the immediate vicinity of, the premises,
vehicle, vessel or aircraft; or
(ii)
was on or in premises or a vehicle, vessel or aircraft
(other than any premises, vehicle, vessel or aircraft to which the public are
admitted) immediately before a relevant item was on or in, or in the immediate
vicinity of, the premises, vehicle, vessel or aircraft,
the person will be taken to possess the relevant item unless it is proved that
the person did not know, and could not reasonably be expected to have known,
that the relevant item was on or in, or in the immediate vicinity of, the
premises, vehicle, vessel or aircraft; and
(b) a
person will be taken to acquire a firearm if—
(i)
the person knowingly takes, or participates in, any step,
or causes any step to be taken, in the process of acquisition of the firearm;
or
(ii)
the person knowingly provides or arranges finance for any
step in that process; or
(iii)
the person knowingly provides the premises in which any
step in that process is taken, or allows any step in that process to be taken
in premises of which the person is an owner, lessee or occupier or of which
the person has care, control or management; and
(c) a
person will be taken to supply a firearm if—
(i)
the person knowingly takes, or participates in, any step,
or causes any step to be taken, in the process of supply of the firearm; or
(ii)
the person knowingly provides or arranges finance for any
step in that process; or
(iii)
the person knowingly provides the premises in which any
step in that process is taken, or allows any step in that process to be taken
in premises of which the person is an owner, lessee or occupier or of which
the person has care, control or management.
(17) The Registrar may
exempt a person, unconditionally or subject to conditions, from a specified
provision of this section and may vary or revoke an exemption by notice in
writing served personally or by registered post on the holder of the
exemption.