6-8 questions possible (1) Flashcards
Definition of Firearm
Anything from which any shot, bullet, missile, or other projectile can be discharged by force of explosive and includes:
- Anything that has been adapted so that it can be used to discharge a shot, bullet, missile, or other projectile by force of explosive; OR
- Anything which is not for the time being capable of discharging any shot, bullet, missile, or other projectile but which by its completion to the replacement of any component parts or the correction or repair of any defects would be a firearm; OR
- Anything (otherwise being a firearm) which is for the time being dismantled or partially dismantled; OR
- Any especially dangerous air gun
Definition of pistol
- Designed, OR
- Adapted
- To be held and fired with one hand and includes any firearm that is less that 762mm in length
Definition of prohibited weapon
• a semi-automatic firearm (except a pistol), other than:
-a semi-automatic firearm that is capable of firing only 0.22 calibre or lower rimfire cartridges and that has a magazine, whether or not detachable or otherwise externally fed, that is capable of holding no more than 10 cartridges commensurate with that firearm’s chamber size
-a semi-automatic shotgun with a non-detachable tubular magazine or magazines that are capable of holding no more than 5 cartridges commensurate with that firearm’s chamber size
• a pump-action shotgun that is capable of being used with a detachable magazine
• a pump-action shotgun that has a non-detachable tubular magazine or magazines that are capable of holding more than 5 cartridges commensurate with that firearm’s chamber size
• Includes any other firearm declared by Order in Council made under section 74A to be a prohibited firearm for the purposes of this Act.
Gun Licence Categories
- A: Full licence for the possession and use of conventional firearms NOT pistols or restricted weapons
- B: Pistols, providing that owner is a member of a pistol club
- C: Collections, restricted weapons and use of weapons in theatrical performances
- D: Firearms dealers
Who can own an airgun
- 0 – 16: Cannot own a firearm or air gun but can use one under immediate supervision of a licence holder
- 16 – 18: Requires a licence for both a firearm and an air gun
- 18 +: Requires a licence for a firearm but no licence for an air gun
Arms Act S. 48
discharging near dwelling / Public Place:
- Without reasonable excuse
- Discharges
- A firearm OR airgun OR Pistol OR restricted weapon
- In or near a dwelling house OR in or near a public place
- As to endanger property OR so as to endanger any person OR so as to annoy any person OR so as to frighten any person
Arms Act S.52 (1)
Presenting a firearm:
• Except for some lawful and sufficient purpose
• Presents
• Firearm (other than a prohibited firearm) OR airgun OR pistol OR restricted weapon
• At any person
Arms Act S. 52 (2)
presenting anything:
• Except for some lawful and sufficient purpose
• Presents
• At any other person
• Anything
• In the circumstances, is likely to lead that person to believe that it is a firearm OR pistol OR airgun OR restricted weapon
Arms Act S.66 rules of possession
Occupier of premises or driver of a vehicle deemed to be possession:
• Every person in occupation of any land or building or the driver of any vehicle on which an firearm is found will be deemed to be possession of that firearm unless her proves that it was not his property and that it was in the possession of another person
Search and Surveillance S.18
18 Gauge shotgun
Enter places or vehicles pr search persons to search for arms
Arms Act S. 40
Power to demand details:
- Every person in possession of any firearm, on demand must give full name, address and date of birth
- If any person refuses to give those details or gives false details you can caution and if persistent with refusal or fails to give the correct particulars you may arrest without warrant
Who can authorise a PSO
Sergeant or above - acting sergeant can’t make the decision
Person at risk vs bound person
Person at risk
• The person named in the order (for whose safety the order is issued).
• Any child residing with that person. (Includes children of the person whom the order is to be issued against whether the person at risk is also a parent or not).
Bound Person:
• The person against whom the order is issued becomes a bound person. They are bound by the conditions outlined in the PSO.
Family Violence Act 2018 S. 32
You are staying for 2
Detain a person for 2 hours to issue a PSO
how long do you have to serve a PSO
48 hrs
What is the duration of a PSO
1 - 10 days
FVA 2018 S.112
Offence to breach protection order
- Do ant act in contravention of a protecting order
- Fail to comply with any condition of a protection order
- Failing to attend a programme
FVA S.113
Power of arrest
• Where a protection is in force, any constable may arrest without warrant any person whom the constable suspects has:
- contravened the protection order
- failed to comply with any condition of the protection order
Rules around arresting in relation to PSO’s
There are not many occasions when dealing with a PSO that you can arrest a person.
You can arrest in the following situations:
• Any person against whom a PSO is going to be issued, fails or refuses to remain at a place where they are detained (section 32(2)).
• Where a bound person breaches (fails or refuses to comply with any condition) a PSO you may apply to the court for a warrant to arrest (WTA). This provides a power of entry.
• Detain (rather than arrest) any person against whom a PSO is issued who fails or refuses to comply with any condition of the order, a Constable may “take the person into custody” (section 43(2)).
• If you take a person into custody for breaching a PSO, you may use such force as is reasonably necessary.
Firearms orders of a Protection Order
The respondent must not:
- Possess or have under their control any weapon. (any firearm, airgun, pistol, prohibited magazine, prohibited part, restricted weapon, ammunition, or explosive)
- Hold a firearms licence, and must surrender weapons and licences to police within 24 hours of receiving notice of the protection order
- NOTE: a firearms licence is deemed to be suspended when a temporary order is made, and revoked on the making of a final order
Standard conditions against contact during a protection order
• Where parties are NOT living in the same dwelling house, there is an automatic non-contact condition (S90(b)
• While the protected person and the respondent are, with the express consent of the protected, living in the same dwelling house, the non-contact provision is automatically suspended (S92(1)(a)
The respondent may not:
• Watch or loiter near or prevent or hinder access to or from any place of residence, business, employment, educational institution or other place that the protected person visits often
• Follow, stop or accost them (S11)
• Enter or remain on property occupied by the protected person without consent from the protected person (S92(b)
Make any contact with the protected person by:
• Telephone, letters, or other writing, or email
• By communication on or via internet site,
• Or by other digital communication
• Unless it is reasonably necessary in an emergency, or is permitted under a custody or access order, or under a special condition (S92(d-f)
Family Violence Act 2018 S.75/76/78 Applications without notice
• A protection order made on an application without notice is a temporary order that, unless sooner discharged, becomes final by operation of law 3 months after the date that order is made, unless the respondent:
- notifies the court that they wish to be heard on the question of whether a final order should be substituted for the temporary order, OR
- applies under other sections of the act for variation or discharge
4 types of liquor licences
On
Off
Club
Special
what can under 18’s do in restricted/supervised areas?
- Clean, repair, maintain, alter, or restock the area or any equipment in the area, OR
- Remove or replace any equipment, OR
- Stocktaking, OR
- Checking or removing cash, OR
- Preparing or serving any meal
- NOTE: For supervised areas ONLY minors may be able to be employed for the purpose of selling and supplying alcohol
offence by minors in licensed areas
being in a licensed area (unaccompanied or restricted)
purchasing alcohol
offence by management of licensed premises
sale/supply minors
allow intoxicated to remain
Sale and Supply of Alcohol Act 2012 S.267
Power of entry:
At a Reasonable time: for any reason to ensure compliance with SSAA 2012
• Anytime: Reason grounds to believe for an offence is being committed against SSAA 2012 (no power to arrest)
Sale and Supply of Alcohol Act 2012 S.269
- Reasonable grounds to believe an offence (i.e, being underage) is being committed
- Can take details: Name, DoB, Address
- Can ask for proof of I.D – if they refuse, caution then K9 under S269
is Under 18 drinking alcohol in a public place an offence
yes
is under 18 carrying alcohol in a liquor ban area an offence?
no, as long as they only intend to consume in a private place or are with a parent/legal guardian
can some one under 18 drink alcohol in a restricted area?
No
where to take an intoxicated person when taking for detox
home if someone home to supervise
detox centre
police cells for a max of 12 hours
can hold for longer if not detoxed as long as we get a medical practitioner to check them and then hold for another 12 hours max at request of GP
what type of licence is a BYO licence
on licence
CA S. 219 Theft by taking
- Dishonestly,
- Without claim of right
- Takes
- Any property
- With intent to deprive any owner permanently of that property OR
- With intent to deprive any owner permanently of any interest in that property
CA S.219 Theft by using/dealing elements
- Dishonestly,
- Without claim of right,
- Uses or deals
- Any property
- With intent to deprive any owner permanently of that property OR
- With intent to deprive any owner permanently of any interest in that property
- After obtaining possession or control in whatever manner
CA S. 226 Unlawful takes a vehicle elements
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Takes
- For his or her own purposes OR another person’s purposes
- Any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
CA S.226 Unlawful uses vehicle
- Dishonestly
- Without claim of right
- But not so as to be guilty of theft
- Uses
- For his or her own purposes OR another person’s purposes
- Any vehicle OR any ship OR any aircraft OR any part of any vehicle, ship or aircraft OR any horse
Sale and supply of Alcohol Act 2012 S.266
Closure of a licensed premise S266
• This can be applied for circumstances such as riots/fights
• Power to close premise for a period of 24 hours from the end of the day
Arms Act s.66 Possession.
What are the laws around possession and what is the defence against possession?
• Every person in occupation of any land or building or the driver of any vehicle on which an firearm is found will be deemed to be possession of that firearm unless her proves that it was not his property and that it was in the possession of another person
WEEP OTA 214 meaning
Witness interference
Evidence tampering or destruction
Ensure appearance in court
Public interest
What are the parties involved in a protection order referred to as?
Respondent and applicant
Section 50 of the domestic violence act states a constable may arrest any person woth a protection order when they have RGTS the suspect has??
Failed to comply with a condition of the PO
Contravened the protection order
The term contravening an order refers to ?
Respondent doing an act prohibited by the protection order
When must a protectiom order respondent surrender weapons?
ASAP but within 24 hours
Or
On demand at any time by police
Before granting a protection order the court must be satisfied that?
There has been family violence
The order is necessary for protection of applicant and/or their child
What does SSA 2012 s20 allow me to search for? Where and who??
Drugs
Vehicles or place
Anybody inside whether have RGTS or not
What does SSA 2012 s28 allow me to search for? Where and who??
Offensive weapons
Stop and search vehicles
Only person suspected of offense
