Western Australian Current Regulations Western Australian Current Regulations (1) A firearm item or
firearms authorisation given to a police officer under section 14 of the
Act, or seized under section 62E of the Act, is to be held in safe
custody by the Commissioner of Police until —
(a) the
restraining order ceases to be in force; or
(b) it
is reclaimed by a co‑licensee; or
(c) it
may otherwise lawfully be disposed of.
(2)
Subregulation (1) —
(a) is
subject to the exercise by the Commissioner of functions under the
Firearms Act 2024 Part 4 Division 8 or 9, Part 8 or any
other provision of that Act; and
(b) does
not require the Commissioner to return a firearm item or firearms
authorisation to the restrained person or a co‑licensee of the firearm
item if the Commissioner is not satisfied the person is entitled to its lawful
possession under the Firearms Act 2024 .
(3)
Subregulation (4) applies to a firearm item held by the Commissioner
under subregulation (1) if —
(a)
after the restraining order ceases to be in force, the Commissioner is
satisfied that neither the restrained person nor any co‑licensee of the
firearm item is entitled to lawful possession of the firearm item under the
Firearms Act 2024 ; or
(b) if
paragraph (a) does not apply — the firearm item has not been
reclaimed by a person entitled to its lawful possession within 1 month
after the restraining order ceases to be in force.
(4) The Commissioner
may deal with the firearm item under the Firearms Act 2024
section 368(3) and (4) as if a person entitled to its lawful possession
cannot be identified or cannot be found.
[(5) deleted]
[Regulation 5 amended: Gazette
26 Nov 2004 p. 5260; SL 2022/189 r. 9;
SL 2024/300 r. 7.]