Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A member of the
Police Force who exercises powers given by section 24(2a) of the Act
without warrant is required to give the written report required by
section 24(7)(b) of the Act within 7 days after the power is
exercised.
(2) The report is
required to include details of —
(a) the
circumstances leading to the exercise of the powers; and
(b) the
grounds on which it was suspected that any firearm or ammunition might be
found in the possession of a person in the circumstances described in
section 24(2) of the Act; and
(c) why
it was necessary to act speedily; and
(d) why
a warrant under section 26(2) of the Act could not have been obtained in
time; and
(e)
whether the person, if any, holding a licence, permit, or approval for any
firearm or ammunition found is, in the member’s opinion, a fit and
proper person to hold it.
(3) If, when the
powers were exercised, any firearm or ammunition was seized and taken under
section 24(2) of the Act, the member of the Police Force seizing it is to
notify the officer in charge of the Firearms Branch by telephone, facsimile,
or similarly speedy means as soon as practicable.
(4) If the owner of
the firearm or ammunition seized is neither the holder of a licence relating
to it nor otherwise lawfully entitled to possess it, the Commissioner is
required, within 21 days after notification of the seizure of any firearm
or ammunition is given under subregulation (3), to give the owner notice
under section 33(1)(c) of the Act requiring the owner to lawfully dispose
of it.
(5)
Subregulation (4) does not apply if —
(a) the
owner dies or cannot be found; or
(b) a
prosecution has been commenced for an offence relating to the firearm or
ammunition seized.
(6) If the owner of
the firearm or ammunition seized is the holder of a licence relating to it or
is otherwise lawfully entitled to possess it, the Commissioner is required,
within 21 days after notification of the seizure of any firearm or
ammunition is given under subregulation (3), to —
(a)
return it to the owner; or
(b)
revoke the licence and give the owner notice under section 33(1)(c) of
the Act requiring the owner to lawfully dispose of the firearm or ammunition;
or
(c) give
the owner a request under section 20(1a) of the Act.
(7) If the
Commissioner complies with subregulation (6) by giving the owner a
request under section 20(1a) of the Act, the Commissioner is required,
within the period fixed by subregulation (8), to —
(a)
return the firearm or ammunition seized to the owner; or
(b)
revoke the licence and give the owner notice under section 33(1)(c) of
the Act requiring the owner to lawfully dispose of the firearm or ammunition.
(8) The period within
which the Commissioner is to act under subregulation (7) is the period of
21 days after —
(a)
information is supplied or a submission is made, in accordance with the
request, in a form acceptable to the Commissioner; or
(b) the
period allowed by section 20(1a) of the Act for supplying the information
or making the submission elapses,
whichever happens
first.
(9)
Subregulation (6) or (7) does not apply if —
(a) the
owner cannot be found; or
(b) a
prosecution has been commenced for an offence relating to the firearm or
ammunition seized.
[Regulation 22A inserted in Gazette
6 Dec 1996 p. 6805‑6; amended in Gazette
23 Apr 2010 p. 1524.]