(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 2024 .
(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 2024 —
(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 meaning given in the Firearms Act
2024 section 6 and includes an imitation 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 2024 .
[Section 106 amended: No. 59 of 1996 s. 52; No. 23
of 2024 s. 489.]