South Australian Consolidated Acts

FIREARMS ACT 1977 - SECT 34A

34A—Powers of court on finding person guilty of firearms offence

        (1)         Where a court finds a person guilty of an offence against this or any other Act and the court finds that a firearm, mechanism, fitting or ammunition was involved in the commission of the offence the court may make one or more of the following orders:

            (a)         where the firearm, mechanism, fitting or ammunition was owned by the person—that the firearm, mechanism, fitting or ammunition be forfeited to the Crown or be disposed of in such other manner as the court directs;

            (b)         that a licence held by the person is subject to specified conditions;

            (c)         that a licence held by the person is suspended for a specified period or until further order;

            (d)         that a licence held by the person is cancelled;

            (e)         that the person is disqualified from holding or obtaining a licence for a specified period or until further order;

            (f)         that the person is subject to a firearms prohibition order until further order.

        (2)         Where, in the course of proceedings before a court, the court forms the view that a party to the proceedings who has possession of a firearm, mechanism, fitting or ammunition is not a fit and proper person to have possession of the firearm, mechanism, fitting or ammunition, the court may make one or more of the following orders:

            (a)         that the firearm, mechanism, fitting or ammunition be disposed of in such manner as the court directs;

            (b)         that a licence held by the party is subject to specified conditions;

            (c)         that a licence held by the party is suspended for a specified period or until further order;

            (d)         that a licence held by the party is cancelled;

            (e)         that the party is disqualified from holding or obtaining a licence for a specified period or until further order;

            (f)         that the party is subject to a firearms prohibition order until further order.

        (3)         If a court makes an order that a person is subject to a firearms prohibition order, the court may exercise the powers of the Registrar under section 10C(15) to grant an exemption from specified provisions of that section.

        (4)         If a court makes an order under this section, the Registrar of the court must notify the Registrar of Firearms of the details of the order.