Victorian Current Acts

PERSONAL SAFETY INTERVENTION ORDERS ACT 2010 - SECT 122

    (1)     This section applies if—

        (a)     a person's firearm, weapon or other article is surrendered under section 115 or seized under section 117 or 120; and

        (b)     either—

S. 122(1)(b)(i) amended by No. 77/2013 s. 38.

              (i)     a final order or corresponding interstate order is not made against the person; or

              (ii)     an application for a personal safety intervention order against the person is not made within a reasonable time; and

        (c)     the firearm, weapon or other article is not otherwise required as evidence in further proceedings under this Act or another Act; and

        (d)     the firearm, weapon or other article is not subject to forfeiture after a proceeding for an offence under this Act or another Act.

    (2)     The firearm, weapon or article surrendered or seized must be—

        (a)         if the firearm, weapon or other article is required to be forfeited or disposed of under the Firearms Act 1996 , Control of Weapons Act 1990 or another Act—forfeited or disposed of in accordance with that Act; or

        (b)     otherwise—returned to the person.

    (3)     If a firearm, weapon or other article is disposed of by sale under this section in accordance with directions in an order, the proceeds of the sale must be paid to the owner of the firearm, weapon or other article.

Part 6—Restriction on publication of proceedings