Formative 8

Question 1

Definition of a firearm (FA S4)

Answer 1

firearm means—
(a) a device designed to FIRE BULLETS, SHOT or OTHER PROJECTILES by means of BURINING PROPELLANT or by means of COMPRESSED AIR or other COMPRESSED GAS;
or
(b) a device of a kind declared by the regulations to be a firearm,
and includes a RECEIVER of a firearm and any device or devices which (whether or not rendered temporarily or permanently unusable) would, if in working order, or if assembled and in working order, be a firearm within the meaning of this definition but does not include—
(c) an antique firearm;
or
(d) a device of a kind declared by the regulations not to be a firearm;

Question 2

Definition of possession FA. S6(2)

Answer 2

(2) For the purposes of this Act (other than section 25), a person has possession of an item to which this section applies if—
(a) the person has physical possession or control of the item or has the item in the physical possession or control of another;
or
(b) the person has and exercises access to the item;
or
(c) the person controls access to the item;
or
(d) the person occupies, or has care, control or management of, premises, or is in charge of a vehicle, vessel or aircraft, where the item is found.

Question 3

FA S.7 - Fit and proper person (Know 5)

Answer 3

7—Fit and proper person
(1) A person is not a fit and proper person for a purpose under this Act if—
(a) the person is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth; or
(b) a firearms prohibition order applies to the person or a similar order under corresponding legislation of another State or Territory of the Commonwealth applies to the person.

(2) A person who has a physical or mental illness, condition or disorder, or in relation to whom other circumstances exist, that would make it unsafe for him or her to possess a firearm or ammunition is not a fit and proper person for a purpose under this Act.
(3) A person may be taken not to be a fit and proper person for a purpose under this Act if the person—
(a) has not complied with the requirements of this Act in relation to the safe handling, use, storage or transport of firearms;
or
(b) has been found guilty of an offence under this Act, the repealed Act or corresponding legislation of another State or Territory of the Commonwealth;
or
(c) has been found guilty of an offence involving actual or threatened violence in South Australia or any other State or Territory of the Commonwealth or in any other part of the world; or
(d) has been found guilty of an offence as prescribed by the regulations; or
(e) has been found guilty of fraud or deception for the purpose of obtaining a licence or permit under this Act or under corresponding legislation of another State or Territory of the Commonwealth;
or
(f) is the subject, or has in the past been the subject, of—
(i) an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009 or any other order of a similar nature made by a court whether in this State or any other State or Territory of the Commonwealth; or
(ii) a foreign restraining order;
or
(g) has failed to comply with a requirement made under section 53.

Question 4

FA S.57(7) Verbatim
Stop search detain for firearms

Answer 4

(7) A police officer may stop, detain and search or detain and search—

(a) any vehicle, vessel or aircraft on which the police officer suspects on reasonable grounds that there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section;
or
(b) any person who the police officer suspects on reasonable grounds has possession of a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section

Question 5

FA S.57(13) Verbatim
Break, enter and search for firearms

Answer 5

(13) A police officer may, with such assistance as he or she considers appropriate, use such reasonable force as is necessary to—
(a) break into any premises, vehicle, vessel or aircraft in order to gain entry or conduct a search under this section;
and
(b) if reasonably necessary for the purposes of conducting a search, break into or open anything in or on the premises, vehicle, vessel or aircraft.

Question 6

FA S57(2) - firearms liable for seizure

Answer 6

(2) A police officer may seize a firearm if the police officer suspects on reasonable grounds that—
(a) the firearm is unregistered;
or
(b) an offence under this Act has been committed, or is being committed, with respect to the firearm;
or
(c) the firearm has been forfeited to the Crown by order of a court; or
(d) a person who has possession of the firearm is not a fit and proper person to have possession of the firearm;
or
(e) continued possession of the firearm by a person would be likely to result in undue danger to life or property;
or
(f) a person has possession of the firearm in contravention of an order of a court whether the order was made in South Australia or in any other State or Territory of the Commonwealth;
or
(g) a person has possession of the firearm in contravention of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009;
or
(h) the holder of a firearms licence authorising use of the firearm can no longer use the firearm for the purpose authorised under the licence;
or
(i) the firearm is mechanically unsafe;
or
(j) the firearm (not being a prescribed firearm)—
(i) is particularly dangerous by reason of its design, construction or any other factor; or
(ii) could easily be converted to an automatic firearm; or
(iii) by reason of its size or any other factor, could be more readily
concealed than other firearms of the same category or would be
particularly suited to unlawful use.

Question 7

SOA S.83C(1) - Authority to enter premises ** VERBATIM

Answer 7

83C—Special powers of entry
(1) Where a senior police officer suspects on reasonable grounds—
(a) that an occupant of premises has died and his or her body is in the premises;
or
(b) that an occupant of premises is in need of medical or other assistance,

the officer may authorise a police officer to enter the premises for the purpose of investigating the matter and taking such action as the circumstances of the case may require.

Question 8

GO Deaths & deaths in custody - 5. Roles and responsibilities - deaths - tier 1 - general duties member/patrol

Answer 8

5. ROLES AND RESPONSIBILITIES—DEATHS
   Tier 1
   General duties member/patrol
   A general duties member/patrol is responsible for:
    initial police response
    crime scene preservation
    the completion of the preliminary coronial file prior to the end of the shift
    submission of the preliminary coronial file onto ORMS prior to the end of the shift
    providing the hard copy of the file to a general duties supervisor for vetting prior to the end of the shift
    ensuring any hard copy documents which cannot be uploaded on ORMS such as a handwritten identification proforma are faxed to CIS prior to the end of the shift.