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FIREARMS ACT 1996 - SECT 53B

Surrender of handguns where certain conditions of category 1 or category 2 firearms collectors licence not complied with

    (1)     If the holder of a category 1 or category 2 firearms collectors licence has been served with a notice from the Chief Commissioner under section 52B, the holder must—

        (a)     if served personally with the notice, immediately surrender any handgun and ammunition referred to in the notice to the person serving the notice; or

        (b)     if served by post with the notice, within 7 days of the service of the notice, surrender any handgun and ammunition referred to in the notice to a police station.

S. 53B(2) amended by No. 37/2014 s. 10(Sch. item 63.4).

    (2)     If a police officer has reasonable grounds for believing that a person has not complied with subsection (1), the police officer

S. 53B(2)(a) amended by No. 37/2014 s. 10(Sch. item 63.4(b)).

        (a)     must seize from the person any handgun and ammunition referred to in the notice, if the police officer is aware that any such handgun and any such ammunition is in the possession of the person; and

        (b)     may, at any reasonable time, without warrant, enter and search any premises where the person resides or has resided for the purpose of seizing any such handgun or ammunition.

    (3)     Despite the surrender or seizure of a handgun or ammunition under this section, the person who has surrendered the handgun or ammunition or from whom the handgun or ammunition has been seized continues to be the owner of the handgun or ammunition.

S. 53B(4) inserted by No. 50/2007 s. 19.

    (4)     If a person has surrendered a handgun or ammunition under this section or if a handgun or ammunition has been seized from a person under this section, that person must dispose of that handgun or ammunition to a licensed firearms dealer within 56 days of service of the notice from the Chief Commissioner under section 52B.

Pt 2 Div. 10 (Heading) amended by No. 78/2005 s. 27.

Division 10—Exemptions, permits and provisional licences

S. 54 amended by No. 28/2003 s. 28 (ILA s. 39B(1)).



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