Victorian Current Acts Victorian Current Acts(1) This section applies if—
S. 115(1)(a) substituted by No. 77/2013 s. 33(1).
(a) either—
(i) a personal safety intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds under section 35(1)(a) or 61(1)(a) for making an order against a person; or
(ii) a police officer intends to serve, or has served, on a person an interstate order or an application for an interstate order 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. 115(2) amended by No. 77/2013 s. 33(2).
(2) Subject to section 116A, 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.