South Australian Numbered Acts

FIREARMS ACT 2015 (NO 46 OF 2015) - SECT 59

59—Seizure and forfeiture of equipment etc

        (1)         If a police officer suspects on reasonable grounds that an offence against section 37

or 38

has been committed, is being committed or will be committed, the officer may seize any equipment, device, object or document reasonably suspected of being used, or intended for use, for, or in connection with, the commission of the offence.

        (2)         If equipment, a device, an object or a document is seized under subsection (1)

, the Registrar may institute proceedings for forfeiture of the equipment, device, object or document before a court of summary jurisdiction.

        (3)         If, in proceedings under subsection (2)

, the court is satisfied that the equipment, device, object or document was used or intended for use for, or in connection with, the commission of an offence against section 37

or 38

, the court may order that the equipment, device, object or document be forfeited to the Crown, or make such other order for the disposal of the equipment, device, object or document as it thinks appropriate.

        (4)         If a court finds a person guilty of an offence against section 37

or 38

and the court finds that any equipment, device, object or document was involved in the commission of the offence, the court may order that the equipment, device, object or document be forfeited to the Crown or be disposed of in such manner as the court directs.

        (5)         If a police officer suspects on reasonable grounds that equipment, a device, an object or a document has been forfeited to the Crown by order of a court, the police officer may seize that equipment, device, object or document.

        (6)         Equipment, a device, an object or a document seized under this section may be held—

            (a)         until—

                  (i)         proceedings are instituted for—

                        (A)         an order under this section; or

                        (B)         an offence against section 37

or 38

for which, or in connection with which, the equipment, device, object or document is alleged to have been used,

or a decision is made not to institute such proceedings; or

                  (ii)         the expiration of 12 months after the equipment, device, object or document was seized,

whichever first occurs; or

            (b)         if proceedings of either kind referred to in paragraph (a)(i)

are instituted within 12 months after the equipment, device object or document was seized—until those proceedings are finally determined.

        (7)         The Registrar may sell or otherwise dispose of equipment, a device, an object or a document forfeited to the Crown under this section.

        (8)         Subject to this Act and the regulations, the proceeds of the sale or disposal of equipment, a device, an object or a document under this section must be paid into the Consolidated Account.