South Australian Consolidated Acts

FIREARMS ACT 1977 - SECT 35

35—Disposal of forfeited or surrendered firearms etc

        (1)         The Registrar may sell or otherwise dispose of a firearm, mechanism, fitting or ammunition forfeited to the Crown under this or any other Act.

        (2)         Subject to this Act and the regulations, the Registrar may sell or otherwise dispose of a firearm, mechanism, fitting or ammunition surrendered to the Registrar.

        (3)         Where a court makes an order confiscating a firearm to the custody of the Registrar but does not make an order as to the manner in which the firearm should be disposed of or dealt with, the Registrar must, subject to a further order of the court or the order of any other court, keep the firearm for one year and must then sell or otherwise dispose of it as he or she thinks fit.

        (4)         Subject to this Act and the regulations, the proceeds of the sale or disposal of a firearm under this section must be paid into the Consolidated Account.

        (5)         If a firearms prohibition order applies to a person and the person surrenders a firearm, firearm part or ammunition owned by the person to the Registrar, the following provisions apply, subject to the regulations:

            (a)         subject to paragraph (e), the Registrar must retain the firearm, firearm part or ammunition—

                  (i)         in the case of an interim firearms prohibition order—for the period that the order applies to the person; and

                  (ii)         in any other case—for the period allowed for an appeal against the order or, if an appeal has been instituted, until the appeal lapses or is finally determined;

            (b)         at the end of the period for which the Registrar is required to retain the firearm, firearm part or ammunition under paragraph (a)—

                  (i)         if the person is subject to a firearms prohibition order—the Registrar must—

                        (A)         comply with the requirements of the regulations as to the sale or disposal of the firearm, firearm part or ammunition; and

                        (B)         pay the proceeds of the sale or disposal (if any) to the person;

                  (ii)         if the person is not then subject to a firearms prohibition order—the Registrar must make the firearm, firearm part or ammunition available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to the firearm, firearm part or ammunition;

            (c)         if the person ceases to be subject to a firearms prohibition order before the end of the period referred to in paragraph (a)(ii), the Registrar must make the firearm, firearm part or ammunition available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to the firearm, firearm part or ammunition;

            (d)         if a firearm, firearm part or ammunition is made available for collection under this subsection but is not collected within the period allowed by the regulations, the Registrar may sell or otherwise dispose of the firearm, firearm part or ammunition and pay the proceeds of the sale or disposal into the Consolidated Account;

            (e)         the Registrar may, at the request or with the consent of the person, sell or dispose of the firearm, firearm part or ammunition during the period for which the Registrar would otherwise be required to retain the firearm and pay the proceeds of the sale or disposal (if any) to the person.