Tasmanian Numbered Acts

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FIREARMS AMENDMENT (COMMUNITY SAFETY) ACT 2023 (NO. 39 OF 2023) - SECT 17

Section 149 amended (Disposal of surrendered or seized firearms)
Section 149 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the following subsection:
(1)  If a firearm, firearm part or ammunition is surrendered, or seized, under this Act –
(a) a police officer; or
(b) a person who claims to be the owner of the firearm, firearm part or ammunition; or
(c) a prosecutor who has prosecuted an offence under Part 5 , or Part 7 , in respect of which the firearm, firearm part or ammunition has been seized –
may apply to a court or a magistrate for an order under this section.
(b) by inserting in subsection (2) "court or a" after "A" ;
(c) by inserting in subsection (2) ", firearm part" after "that the firearm" ;
(d) by inserting in subsection (2) "to which an application under subsection (1) relates" after "that the firearm, firearm part or ammunition" ;
(e) by inserting in subsection (2)(b) ", firearm part" after "firearm" ;
(f) by inserting in subsection (2)(c) "that the court or" after "manner" ;
(g) by inserting in subsection (2A) "court or a" after "A" ;
(h) by inserting in subsection (2A)(a) ", firearm part" after "owner of the firearm" ;
(i) by inserting in subsection (2A)(a)(i) ", firearm part" after "firearm" ;
(j) by inserting in subsection (2A)(a)(ii) ", firearm part" after "firearm" ;
(k) by inserting in subsection (2A)(b) ", firearm part" after "firearm" ;
(l) by inserting in subsection (2A)(c) ", firearm part" after "the firearm" ;
(m) by inserting in subsection (2A)(c) ", firearm part" after "that firearm" ;
(n) by inserting the following paragraph after paragraph (d) in subsection (2B) :
(da) section 116 ;
(o) by inserting in subsection (3) ", firearm part" after "any firearm" ;
(p) by inserting in subsection (3) ", firearm part" after "seized firearm" ;
(q) by inserting in subsection (3A) ", firearm part" after "firearm" ;
(r) by omitting subsection (5) and substituting the following subsection:
(5)  The Auditor-General is to arrange to be carried out once every year an independent audit of all firearms, firearm parts and ammunitions that are –
(a) disposed of in accordance with an order or direction of a court, a judge, a magistrate or a coroner; or
(b) disposed of under this Act or disposed of in accordance with the directions of the Commissioner under another Act; or
(c) disposed of, with the consent of the owner, by a person acting on behalf of the Crown; or
(d) forfeited to, owned by, or in the possession of, the Crown and disposed of in accordance with a determination of the Commissioner; or
(e) forfeited to, or in the possession of, the Crown and otherwise dealt with under this Act or any other Act.
(s) by omitting "in section 3 ." from the definition of firearm in subsection (7) and substituting "in section 3 ;" ;
(t) by inserting the following definition after the definition of firearm in subsection (7) :
prosecutor means a police prosecutor or a Crown prosecutor.



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