Tasmanian Numbered Acts

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FIREARMS AMENDMENT ACT 2007 (NO. 43 OF 2007) - SECT 59

Section 14B amended (Unlawful entry on land)
Section 14B of the Principal Act is amended as follows:
(a) by omitting from subsection (2) "penalty not exceeding" and substituting "penalty of" ;
(b) by omitting from subsection (2)(a) "10 penalty units or to" and substituting "a fine not exceeding 10 penalty units or" ;
(c) by omitting from subsection (2)(b) "5 penalty units or to" and substituting "5 penalty units or" ;
(d) by inserting the following subsections after subsection (2) :
(2A)  However, if the court that convicts a person of an offence under this section is satisfied that the person –
(a) was in possession of a firearm during the actual commission of the offence; or
(b) made any use of an aircraft, vehicle or vessel during the actual commission of the offence –
the person is liable to a penalty not exceeding twice that provided for by subsection (2) .
(2B)  If subsection (2A)(a) applies to the convicted person, the court may, in addition to any other penalty it may impose, do either or both of the following:
(a) order that the firearm is forfeited to the Crown;
(b) cancel all or any of the licences or permits that the convicted person may hold under the Firearms Act 1996 .
(2C)  A firearm forfeited to the Crown pursuant to subsection (2B) is to be disposed of as the Minister determines.
(e) by inserting the following subsections after subsection (4) :
(5)  A police officer who reasonably suspects that a person in possession of a firearm is committing an offence under this section may seize that firearm.
(6)  Section 68 applies if a firearm is seized under subsection (5) .



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