South Australian Consolidated Acts

FIREARMS ACT 1977 - SECT 34

34—Forfeiture of firearms etc

        (1)         Where a firearm, mechanism, fitting or ammunition is seized under this Part, the Registrar may institute proceedings for forfeiture of the firearm, mechanism, fitting or ammunition before a court of summary jurisdiction.

        (2)         If, in proceedings under subsection (1), a court is satisfied that—

            (a)         the owner of the firearm, mechanism, fitting or ammunition is not authorised by or under this Act to be in possession of the firearm, mechanism, fitting or ammunition; or

            (b)         that the return of the firearm, mechanism, fitting or ammunition to its owner would be likely to result in undue danger to life or property; or

            (c)         that the whereabouts of the owner of the firearm, mechanism, fitting or ammunition has not been, and is not likely to be, ascertained by reasonable inquiry; or

            (d)         the owner of the firearm, mechanism, fitting or ammunition has failed to comply with the requirements of this Act in relation to the safe storage of the firearm, mechanism, fitting or ammunition; or

            (e)         in the case of a firearm—the firearm can easily be converted to an automatic firearm,

it may order that the firearm, mechanism, fitting or ammunition be forfeited to the Crown, or make such other order for the disposal of the firearm, mechanism, fitting or ammunition as it thinks appropriate.

        (3)         A firearm, mechanism, fitting or ammunition seized under this Part may be held under this subsection—

            (a)         until—

                  (i)         proceedings are instituted for an order under this section or for an offence in relation to the firearm, mechanism, fitting or ammunition against the owner of the firearm, mechanism, fitting or ammunition or a decision is made not to institute such proceedings; or

                  (ii)         the expiration of 12 months after the firearm, mechanism, fitting or ammunition was seized,

whichever first occurs;

            (b)         if proceedings of either kind referred to in paragraph (a)(i) are instituted within 12 months after the firearm, mechanism, fitting or ammunition was seized—until those proceedings are finally determined.