South Australian Numbered Acts South Australian Numbered Acts12—Insertion of sections 27AA and 27AAB
After section 27 insert:
27AA—Alteration of firearms
(1) A person who, without the written approval of the Registrar—
(a) alters a firearm that has been rendered unusable so that, as a result of the alteration, the firearm becomes capable of being used as a firearm; or
(b) alters a firearm so that, as a result of the alteration, the firearm becomes a firearm of a different class,
is guilty of an offence.
Maximum penalty:
(a) if the firearm as altered is a prescribed firearm—$75 000 or imprisonment for 15 years;
(b) if the firearm as altered is a class C, D or H firearm—$50 000 or imprisonment for 10 years;
(c) if the firearm as altered is any other class of firearm—$35 000 or imprisonment for 7 years.
(2) A person who attempts to commit an offence against subsection (1) is guilty of the offence of attempting to commit that offence.
Maximum penalty: $15 000 or imprisonment for 4 years.
(3) In subsection (1)(a)—
"firearm" includes a device that would be a firearm within the meaning of this Act but for the fact that it has been rendered unusable in a manner stipulated in the regulations or by the Registrar.
27AAB—Seizure and forfeiture of equipment etc
(1) If a police officer suspects on reasonable grounds that an offence against section 27 or 27AA 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 27 or 27AA, 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 27 or 27AA 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—
(i) proceedings are instituted for—
(A) an order under this section; or
(B) an offence against section 27 or 27AA 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;
(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.