Western Australian Current Regulations

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RESTRAINING ORDERS REGULATIONS 1997 - REG 4

4 .         Giving up possession of firearm items

        (1)         This regulation applies when a restraining order which requires the person bound by the order to give up possession of a firearm item or a firearms authorisation is served on a restrained person who is in possession of a firearm item or a firearms authorisation.

        (2)         If the order is personally or orally served on the restrained person by a police officer and at the time the order is served the restrained person is physically in possession of the firearm item or firearms authorisation the restrained person must immediately give the firearm item or firearms authorisation to the police officer.

        (3)         Subject to subregulation (5), if the order is personally or orally served on the restrained person by a police officer and at the time the order is served the firearm item or firearms authorisation is at a place to which the police officer can reasonably accompany the person, the restrained person must —

            (a)         immediately go with the police officer to that place; and

            (b)         once there, immediately give the firearm item or firearms authorisation to the police officer.

        (4)         Subject to subregulation (5), in any other case the restrained person must give the firearm item or firearms authorisation to the police officer in charge of the police station nearest to where the firearm item or firearms authorisation is located as soon as is reasonably practicable and in any event within 24 hours of the order being served.

        (5)         If a firearm item in respect of which a restrained person holds a firearms authorisation is in the actual physical possession of a co‑licensee of that firearm item, the restrained person —

            (a)         must comply with subregulation (3) or (4), as the case requires, in respect of the firearms authorisation; but

            (b)         need not comply with subregulation (3) or (4), as the case requires, in respect of that firearm item.

        [Regulation 4 amended: SL 2022/189 r. 9.]



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