South Australian Numbered Acts South Australian Numbered Acts65—Disposal of forfeited or surrendered firearms etc
(1) The Registrar may sell or otherwise dispose of any firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism forfeited to the Crown under this or any other Act.
(2) Subject to this Act and the regulations, the Registrar may sell or otherwise dispose of any firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism surrendered to the Registrar.
(3) If a court makes an order confiscating a firearm to the custody of the Registrar but does not make an order as to the manner in which the firearm should be disposed of or dealt with, the Registrar must, subject to a further order of the court or the order of any other court, keep the firearm for 1 year and must then sell or otherwise dispose of it as the Registrar thinks fit.
(4) Subject to this Act and the regulations, the proceeds of the sale or disposal of a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, under this section must be paid into the Consolidated Account.
(5) If a firearms prohibition order applies to a person and the person surrenders a firearm, a firearm part, a sound moderator or ammunition (a "surrendered item") owned by the person to the Registrar, the following provisions apply, subject to the regulations:
, the Registrar must retain the surrendered item—
(i) in the case of an interim firearms prohibition order—for the period that the order applies to the person; and
(ii) in any other case—for the period allowed for an appeal against the order or, if an appeal has been instituted, until the appeal lapses or is finally determined;
(b) at the end of the period for which the Registrar is required to retain the surrendered item under paragraph (a)
—
(i) if the person is subject to a firearms prohibition order, the Registrar must—
(A) comply with the requirements of the regulations as to the sale or disposal of the surrendered item; and
(B) pay the proceeds of the sale or disposal (if any) to the person;
(ii) if the person is not then subject to a firearms prohibition order, the Registrar must make the surrendered item available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the item;
(c) if the person ceases to be subject to a firearms prohibition order before the end of the period referred to in paragraph (a)(ii)
, the Registrar must make the surrendered item available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the surrendered item;
(d) if a surrendered item is made available for collection under this subsection but is not collected within the period allowed by the regulations, the Registrar may sell or otherwise dispose of the surrendered item and, subject to the regulations, pay the proceeds of the sale or disposal into the Consolidated Account;
(e) the Registrar may, during the period for which the Registrar would otherwise be required to retain the item—
(i) authorise the person to arrange for the transfer of the surrendered item to a licensed dealer or other person approved by the Registrar for sale or disposal; or
(ii) authorise the collection of the surrendered item by a person to whom the item has been sold (provided that the Registrar is satisfied that the person is entitled to lawful possession of the item).
(6) A surrendered item transferred to a person approved by the Registrar in accordance with subsection (5)(e)(i)
must be delivered by the person to a licensed dealer as soon as reasonably practicable.
Maximum penalty: $5 000.
(7) Nothing in subsection (5)(e)
authorises a person who is not entitled to lawful possession of the surrendered item to have access to the item for the purposes of transferring it to the licensed dealer or person approved by the Registrar, or while it is kept by the dealer or person for sale or disposal.