Victorian Current Acts Victorian Current Acts(1) If a licence under this Part is suspended or cancelled, the holder must—
S. 53(1)(a) amended by No. 22/1998 s. 43(Sch. item 3).
(a) if served personally with notice of the suspension or cancellation, immediately surrender any firearm or cartridge ammunition in that person's possession and the licence document to the person serving the notice; and
S. 53(1)(b) amended by No. 22/1998 s. 43(Sch. item 3).
(b) if served by post with notice of the suspension or cancellation, within 7 days of service of the notice, surrender any firearm or cartridge ammunition in that person's possession and the licence document to a police station.
Penalty: 240 penalty units or 4 years imprisonment.
S. 53(2) amended by No. 37/2014 s. 10(Sch. item 63.2).
(2) If a police officer has reasonable grounds for believing that a person has not complied with subsection (1), the police officer—
S. 53(2)(a) amended by Nos 22/1998 s. 43(Sch. item 3), 37/2014 s. 10(Sch. item 63.2(b)).
(a) must seize any firearm or cartridge ammunition which the police officer is aware is in the possession of the person; and
S. 53(2)(b) amended by No. 22/1998 s. 43(Sch. item 3).
(b) may, at any reasonable time, without warrant, enter and search any premises where the person resides or has resided for the purpose of seizing any such firearm or cartridge ammunition.
S. 53(3) amended by No. 22/1998 s. 43(Sch. item 3).
(3) Despite the surrender or seizure of a firearm or cartridge ammunition under this section the person who has surrendered the firearm or cartridge ammunition or from whom the firearm or cartridge ammunition has been seized continues to be the owner of the firearm or cartridge ammunition.
S. 53(4) substituted by No. 26/1997 s. 23, amended by Nos 84/1997 s. 43, 22/1998 s. 43(Sch. item 3).
(4) If a person has surrendered a firearm or cartridge ammunition under this section or if a firearm or cartridge ammunition has been seized from a person under this section, that person must dispose of that firearm or cartridge ammunition to a licensed firearms dealer—
S. 53(4)(a) substituted by No. 52/2008 s. 247.
(a) if the surrender or seizure is as a consequence of the making of a final order under the Family Violence Protection Act 2008 —
(i) within 3 months of the making the order; or
(ii) if an application for a declaration under section 189 has been made within 3 months of the making of the order, within 28 days of a decision not to make that declaration; or
S. 53(4)(ab) inserted by No. 68/2008 s. 74, amended by No. 53/2010 s. 221(Sch. item 5.2).
(ab) if the surrender or seizure is as a consequence of the making of a final order under the Personal Safety Intervention Orders Act 2010 —
(i) within 3 months of making the order; or
(ii) if an application for a declaration under section 189 has been made within 3 months of the making of the order, within 28 days of a decision not to make that declaration; or
S. 53(4)(ac) inserted by No. 27/2018 s. 359(3).
(ac) if the surrender or seizure is as a consequence of the making of a supervision order or an interim supervision order under the Serious Offenders Act 2018 —
(i) within 3 months of the making of the order; or
(ii) if an application for a declaration under section 189 has been made within 3 months of the making of the order, within 28 days of a decision not to make that declaration; or
(b) if the surrender or seizure is as a consequence of a decision of the Chief Commissioner to cancel or suspend a licence—
(i) if no application for review has been made against the decision, within 28 days of the making of the decision; or
(ii) if an application for review of the decision has been made, within 28 days of the confirmation of the decision under that procedure; or
S. 53(4)(b)(iii) inserted by No. 22/1998 s. 17(1).
(iii) if an application for a declaration has been made under section 189(1A) within 56 days of the making of the decision, within 28 days of the making of a decision not to make that declaration; or
(c) if the surrender or seizure is as a consequence of any other cancellation of a licence, within 28 days of the cancellation.
Penalty: 60 penalty units or 12 months imprisonment.
S. 53(5) inserted by No. 26/1997 s. 23.
(5) If a person—
(a) has made an application for a declaration under section 189 before the commencement of this section but that application has not been determined before that commencement; or
(b) makes an application for a declaration under section 189 within 56 days of the commencement of this section—
for the purposes of subsection (4)(a)(ii), that person is deemed to have made that application within 56 days of the making of the order.
S. 53(6) inserted by No. 22/1998 s. 17(2).
(6) If a person makes an application for a declaration under section 189(1A) within 56 days of the commencement of section 39 of the Firearms (Amendment) Act 1998 , for the purposes of subsection (4)(b)(iii), that person is deemed to have made that application within 56 days of the making of the decision.
S. 53A inserted by No. 28/2003 s. 27.