Victorian Current Acts Victorian Current Acts(1) If a firearm or firearm related item is surrendered or seized under this Part the following subsections apply.
(2) The police officer to whom the firearm or firearm related item was surrendered or who seized the firearm or firearm related item may retain possession of the firearm or firearm related item—
(a) if the firearm or firearm related item is evidence of an offence against this Act, for so long as is required for that purpose; or
(b) if it is reasonably necessary to test the firearm or firearm related item to determine if it is evidence of an offence against this Act or another Act, for so long as is required for that purpose.
(3) The firearm or firearm related item is forfeited to the Crown—
(a) if the individual or person who surrendered the firearm or firearm related item or from whom the firearm or firearm related item was seized is not lawfully entitled to possess the firearm or firearm related item, and no other person is lawfully entitled to possess the firearm or firearm related item; or
(b) if the firearm or firearm related item has been acquired, possessed, carried or used, in contravention of this Act, by the individual or person who surrendered it or from whom it was seized.
(4) The firearm or firearm related item must be returned to the person who is lawfully entitled to possess it if—
(a) the firearm or firearm related item is not forfeited to the Crown under subsection (3); and
(b) the firearm or firearm related item is not required or no longer required under subsection (2).
Note
Part 8 deals with the disposal of firearms and other items forfeited to the Crown or surrendered or seized under this Act.
S. 112U inserted by No. 2/2018 s. 22.