Western Australian Current Acts

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SENTENCING ACT 1995 - SECT 106

106 .         Firearms licence etc. disqualification

        (1)         A court sentencing an offender for an offence specified in subsection (4a) may order that, for a term set by the court, the offender be disqualified from holding or obtaining a licence or a permit or an approval, or any particular licence, permit or approval, under the Firearms Act 1973 .

        (2)         The term is concurrent with the term of any other such order which the offender is subject to, unless the court orders that it is to be cumulative on any such term.

        (3)         When an order is made under subsection (1), by force of this subsection any relevant licence, permit or approval held by the offender under the Firearms Act 1973

            (a)         is suspended and has no effect for so long as the disqualification order is in force; or

            (b)         if the order so specifies, is cancelled.

        (4)         The court must ensure that details of the offence and the order are made known to the Commissioner of Police.

        (4a)         This section applies to —

            (a)         a firearms offence;

            (b)         an offence involving assault with a weapon;

            (c)         an offence involving violence.

        (5)         In this section —

        ammunition includes replica ammunition, ammunition rendered inoperative, and blank ammunition;

        firearm has the same definition as in the Firearms Act 1973 and includes a replica firearm and a firearm rendered inoperative;

        firearms offence means —

            (a)         stealing or attempting to steal or conspiring to steal a firearm or ammunition;

            (b)         receiving or attempting to receive or conspiring to receive a firearm or ammunition;

            (c)         an offence where a party to the offence (whether that party is charged or not) uses or is in possession of a firearm or ammunition during the commission of the offence;

            (d)         an offence where a firearm or ammunition is used after the commission of the offence (whether by the offender or by another party to the offence) to assist the offender to avoid, or to attempt to avoid, apprehension;

            (e)         an offence under the Firearms Act 1973 .

        [Section 106 amended: No. 59 of 1996 s. 52.]



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