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FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 158

Surrender of firearms and weapons

S. 158(1) amended by No. 77/2013, s. 26(1), substituted by No. 53/2016 s. 60.

    (1)     This section applies if—

        (a)     a family violence safety notice has been issued or a family violence intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds for issuing a notice or making an order against a person; and

        (b)     the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession.

S. 158(1A) inserted by No. 53/2016 s. 60.

    (1A)     This section applies in relation to a recognised DVO or an interstate DVO if—

        (a)     one of the following applies—

              (i)     a person is a respondent to a recognised DVO; or

              (ii)     a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or

              (iii)     a police officer intends to serve or has served on a person an interstate DVO made against the person or an application for an interstate DVO made against the person; and

        (b)     the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession.

S. 158(2) amended by No. 77/2013 s. 26(2).

    (2)     Subject to section 159A, the police officer may—

        (a)     direct the person to immediately surrender the firearm, firearms authority, ammunition or weapon to the police officer; or

        (b)     by written notice served on the person, direct the person to surrender the firearm, firearms authority, ammunition or weapon to a police officer at a specified place within a specified time or, if no time is specified, within 48 hours after the direction is given to the person.

    (3)     A direction under subsection (2) must include the prescribed particulars.

    (4)     A person given a direction under subsection (2) must not, without lawful excuse, fail to comply with the direction.

Penalty:     In the case of a failure to comply with a direction to surrender a firearm, 60 penalty units;

In the case of a failure to comply with a direction to surrender a firearms authority, ammunition or a weapon, 30 penalty units.



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