South Australian Consolidated Acts

CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 299A

299A—Orders as to firearms and offensive weapons

        (1)         Where a court is satisfied by evidence adduced before it that—

            (a)         a firearm or other offensive weapon was used in the commission of an offence; or

            (b)         the commission of an offence was facilitated by the use of a firearm or other offensive weapon; or

            (c)         in the circumstances it is expedient that an order or orders be made under this section,

the court may make any one or more of the following orders:

            (d)         an order that the firearm or other weapon be forfeited to the Crown;

            (e)         an order that the firearm or other weapon be delivered into the custody of the Commissioner of Police for a period specified in the order or until further order;

            (f)         any other order as to the custody or disposition of the firearm;

            (g)         an order—

                  (i)         that a specified person is subject to a firearms prohibition order under the Firearms Act 1977 until further order; or

                  (ii)         prohibiting a specified person from using or possessing an offensive weapon of any kind, or of a kind specified in the order, for a period specified in the order or until further order.

        (2)         Upon application by a person with a proper interest in the matter, the court may vary or revoke an order under subsection (1)(e), (f) or (g).

        (3)         Where an application is made under subsection (2), the court shall not vary or revoke the order in respect of which the application is made unless it is satisfied that it is not inimical to the safety of the community to do so.

        (4)         A person who contravenes or fails to comply with an order under this section shall be guilty of an offence cognizable by the court by which the order was made and liable to a penalty not exceeding five hundred dollars or imprisonment for twelve months.

        (5)         Subsection (4) shall not derogate from the power of a court to punish for contempt.

        (6)         In this section—

"court" means the Supreme Court, the District Court or a court of summary jurisdiction and includes any judge, magistrate or special justice entitled to preside over or constitute the court.