South Australian Numbered Acts

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STATUTES AMENDMENT (SERIOUS FIREARM OFFENCES) ACT 2012 (NO 33 OF 2012) - SECT 36

36—Amendment of section 41A—Conditional release from detention

        (1)         Section 41A(2)(c)—after subparagraph (ii) insert:

            (iia)         a condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 1977 ) or any part of a firearm;

            (iib)         a condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Department who is supervising the youth;

        (2)         Section 41A(3)(c)—after subparagraph (ii) insert:

            (iia)         a condition prohibiting the youth from possessing a firearm or ammunition (both within the meaning of the Firearms Act 1977 ) or any part of a firearm;

            (iib)         a condition requiring the youth to submit to such tests (including testing without notice) for gunshot residue as may be reasonably required by an officer of the Department who is supervising the youth;

        (3)         Section 41A—after subsection (4) insert:

        (4a)         The Board may only vary or revoke the conditions imposed by subsection (2)(c)(iia) and (iib), or subsection (3)(c)(iia) and (iib), on the release from detention of a youth if the youth satisfies the Board that—

            (a)         there are cogent reasons to do so; and

            (b)         the possession of a firearm, ammunition or part of a firearm by the youth does not represent an undue risk to the safety of the public.



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