Victorian Current Acts Victorian Current ActsS. 9(1) amended
by Nos 26/1997
s. 7, 47/2000 s. 10(1)(a), 7/2002 s. 34.
(1) If a court finds a person guilty or not guilty because of mental impairment of an offence under this Act, the prohibited weapon, controlled weapon, dangerous article or body armour to which the offence relates is forfeited to the Crown and must be sold or destroyed unless the court makes an order that it be returned to the person.
S. 9(2) amended by Nos 26/1997
s. 7, 47/2000 s. 10(1)(b)(i)(ii).
(2) A prohibited weapon, controlled weapon, dangerous article or body armour which has been forfeited under subsection (1) cannot be sold or destroyed until the period for an appeal has elapsed, or if an appeal against the conviction has been lodged, unless the appeal has been dismissed.
S. 9(3) amended by No. 26/1997
s. 7, substituted by No. 47/2000 s. 10(2).
(3) A prohibited weapon, controlled weapon, dangerous article or body armour which has been seized in relation to an offence by a person under this Act must be returned to that person in accordance with this section if—
(a) proceedings for that offence are not commenced within the period of 3 months after the seizure; or
(b) a decision is made within that period not to bring proceedings for that offence.
S. 9(4) amended by No. 26/1997
s. 7, substituted by No. 47/2000 s. 10(2), amended by
No. 37/2014 s. 10(Sch. item 28.4).
(4) The police officer in charge of the police station at which the prohibited weapon, controlled weapon, dangerous article or body armour is kept must give notice to the person from whom the prohibited weapon, controlled weapon, dangerous article or body armour was seized of his or her right to have it returned.
S. 9(5) inserted by No. 47/2000 s. 10(2).
(5) If a person who is given notice under subsection (4) does not apply within 7 days after the receipt of the notice for the return of the prohibited weapon, controlled weapon, dangerous article or body armour as the case requires, the prohibited weapon, controlled weapon, dangerous article or body armour is forfeited to the Crown and must be sold or destroyed.
S. 9(6) inserted by No. 47/2000 s. 10(2).
(6) A person who applies under this section for the return of a prohibited weapon, controlled weapon, dangerous article or body armour, must collect it from the police station at which it is kept.
S. 9(7) inserted by No. 47/2000 s. 10(2).
(7) If the person who applies for the return of a prohibited weapon, controlled weapon, dangerous article or body armour is under the age of 18 years, the prohibited weapon, controlled weapon, dangerous article or body armour must not be returned to him or her unless he or she is accompanied by a parent or guardian to collect it.
S. 9A inserted by No. 42/2010 s. 9.