Victorian Numbered Acts

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STALKING INTERVENTION ORDERS ACT 2008 (NO. 68 OF 2008) - SECT 35

Surrender of firearms

    (1)         This section applies if—

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

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

    (2)     The police officer may—

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

        (b)     by written notice served on the person, direct the person to surrender the firearm, firearms authority or ammunition 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 or ammunition, 30 penalty units.



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