South Australian Current Regulations South Australian Current Regulations11—Dealing with surrendered items
(1) For the purposes
of section 42A(4) of the Act, the Commissioner of Police must deal with a
surrendered item in accordance with this regulation.
(2) A surrendered item
that is a prohibited weapon (within the meaning of the Summary Offences
Act 1953 ), or that is an item that cannot otherwise be lawfully
possessed in this State, is, by force of this subregulation, forfeited to the
Crown.
(3) The Commissioner
of Police must retain a surrendered item (other than a surrendered item
forfeited under subregulation (2)) in a location determined by the
Commissioner of Police until—
(a) the
surrendered item is forfeited to the Crown under this or any other Act; or
(b) the
surrendered item is returned in accordance with this regulation to the youth
who surrendered it; or
(c) the
surrendered item is seized or surrendered under the provisions of another Act,
whichever occurs first.
(4) If the condition
imposed under section 41A(2)(c)(iia) or 41A(3)(c)(iia) on the conditional
release from detention of the youth who surrendered the surrendered item is
revoked, or the youth is discharged from detention absolutely, the youth may
notify the Commissioner of Police of that fact.
(5) Subject to this
regulation, if the Commissioner of Police—
(a) is
notified pursuant to subregulation (4); or
(b)
otherwise becomes aware that the conditional release from detention of the
youth is no longer subject to the condition imposed under section
41A(2)(c)(iia) or 41A(3)(c)(iia) (as the case requires), or the youth is
discharged from detention absolutely,
the Commissioner of Police must cause the surrendered item to be returned to
the youth who surrendered the item.
(6) If the
Commissioner of Police is required to return a surrendered item under
subregulation (5), the Commissioner of Police must give notice in writing
to the youth who surrendered the item setting out—
(a) that
the surrendered items specified in the notice are to be returned to the youth;
and
(b) the
location at which the surrendered items may be collected; and
(c) that
the surrendered items must be collected from the specified location within 3
months of the date specified in the notice (or such longer time as may be
specified by the Commissioner of Police); and
(d) that
the surrendered items will only be returned if the youth holds any necessary
authorisation under the Firearms Act 2015 or any other Act to possess the
surrendered item; and
(e) the
effect of subregulations (7) and (8).
(7) However, the
Commissioner of Police may refuse to return a surrendered item to a youth
if—
(a) the
youth is on conditional release that is subject to a condition prohibiting the
youth from possessing a firearm, ammunition or part of a firearm; or
(b) the
youth does not hold any necessary authorisation under the
Firearms Act 2015 or any other Act to possess the surrendered item, or is
otherwise prohibited from possessing the surrendered item,
and, if the Commissioner of Police does so refuse, they must give notice in
writing to the youth who surrendered the surrendered item setting out—
(c) the
reasons for the refusal; and
(d) in
the case of a refusal contemplated by subregulation (7)(a)—the
effect of subregulation (9).
(a) a
surrendered item is not collected within the period specified in
subregulation (6)(c); or
(b) the
youth does not, at the end of the period specified in
subregulation (6)(c), hold the necessary authorisation under the
Firearms Act 2015 or any other Act to possess the surrendered item, or is
otherwise prohibited from possessing the surrendered item,
the surrendered item is, by force of this regulation, forfeited to the Crown.
(9) If the
Commissioner of Police refuses to return a surrendered item to a youth
pursuant to subregulation (7)(a)—
(a) the
surrendered item will be taken to have been surrendered pursuant to a
direction under the provision of the Act under which the conditional release
was granted (corresponding to section 42A(1) of the Act); and
(b) the
surrendered item must be dealt with in accordance with that Act.
(10) The Commissioner
of Police may recover from the youth who surrendered the surrendered item the
reasonable costs incurred in connection with the storage of the
surrendered item.
(11) This regulation
is in addition to, and does not derogate from, the operation of any other Act
or law.
(12) No compensation
is payable by the Crown in respect of the forfeiture of a surrendered item
under this regulation.
(13) A notice required
to be given to a youth under this regulation may—
(a) be
given to the youth personally; or
(b) be
posted in an envelope addressed to the youth—
(i)
at the youth's last known address; or
(ii)
at the youth's address for service; or
(c) be
left for the youth at the youth's last known address or address for service
with someone apparently over the age of 16 years.
(14) In this
regulation—
"conditional release" means conditional release from detention under the Act
or any of the following under another Act of the State where a condition is
imposed requiring surrender of a firearm, ammunition or any part of a firearm:
(a) a
grant of bail;
(b) a
bond;
(c) home
detention;
(d)
parole;
(e)
release on licence;
(f) a
community based custodial sentence (within the meaning of the
Sentencing Act 2017 );
"surrendered item" means a firearm, ammunition or any part of a firearm
surrendered pursuant to a direction under section 42A(1) of the Act.