Weapons Control Act Flashcards
19 Search without warrant
(1) Subsection (2) applies in relation to a person in a public place or school if:
(a) a police officer has reasonable grounds to suspect that the person is carrying, or has in his or her possession, a prohibited weapon, controlled weapon, offensive weapon or body armour contrary to this Act; and
(b) the officer informs the person of the grounds for his or her suspicion.
(2) A police officer may without warrant:
(a) search a person to whom this subsection applies for a prohibited weapon, controlled weapon, offensive weapon or body armour; and
(b) search a vehicle, vessel, package or thing in the person’s possession or under the person’s control for a prohibited weapon, controlled weapon, offensive weapon or body armour; and
(c) seize and detain a prohibited weapon, controlled weapon, offensive weapon or body armour that the officer finds on the person or on or in the vehicle, vessel, package or thing.
(3) Nothing in this section limits or prevents the exercise of a power granted to a police officer under any other Act.
20 Forfeiture by courts
(1) If a person is found guilty of an offence against section 6, 7, 8, 9, 10, 13 or 14(5):
(a) the court may order that the weapon or body armour to which the offence relates be returned to a specified person; or
(b) if the court does not make an order under paragraph (a) – the weapon or body armour to which the offence relates is forfeited to the Territory.
(2) The court may only make an order under subsection (1)(a) if:
(a) the person to whom the weapon or body armour is to be returned is not the person found guilty of the offence; and
(b) the person to whom the weapon or body armour is to be returned is, in the opinion of the court, the owner of the weapon or body armour; and
(c) the court is satisfied that the person to whom the weapon or body armour is to be returned is authorised to possess the weapon or body armour under this Act.
(3) The Commissioner may destroy or dispose of an object forfeited under subsection (1)(b) as the Commissioner thinks fit.
(4) If a person is found guilty of an offence in relation to an object that has been forfeited under subsection (1)(b), the object is not to be destroyed or disposed of:
(a) until the period for an appeal against the finding of guilt in relation to the offence has elapsed; or
(b) if an appeal against the finding of guilt in relation to the offence is lodged – unless the appeal is dismissed.
21 Return of goods if prosecution does not occur
(1) Subsection (2) applies to a prohibited weapon, controlled weapon, offensive weapon or body armour that has been seized by a police officer in relation to an alleged offence by a person against this Act.
(2) The Commissioner must return a weapon or body armour to which this subsection applies to the person from whom it was seized or, if the lawful owner is known to be another person, the lawful owner if:
(a) proceedings for the alleged offence are not commenced within 6 months after the seizure; or
(b) a decision is made within 6 months after the seizure not to bring proceedings for the alleged offence.
(3) Subsection (2) does not apply to a prohibited weapon or body armour unless there is in force an exemption under section 12, or an approval, authorising the person to whom under that subsection the weapon or body armour is required to be returned to possess the prohibited weapon or body armour.
22 Procedure for return of goods if prosecution does not occur
(1) The Commissioner or a person authorised by the Commissioner must notify in accordance with subsection (2) a person to whom section 21(1) applies.
(2) The notice must specify that the person to whom the notice relates may, within 7 days after the notice is given, apply to the Commissioner or authorised person for the return of the prohibited weapon, controlled weapon, offensive weapon or body armour specified in the notice.
(3) If a person does not apply within 7 days after notice is given under subsection (1) for the return of an object specified in the notice, the object is forfeited to the Territory.
(4) If a person applies within 7 days after notice is given under subsection (1) for the return of the object specified in the notice, the Commissioner or a person authorised by the Commissioner must, if required by this Act to return the object, give the person notice in accordance with subsection (5).
(5) to the notice must specify that the object to which the notice relates may be collected by the person specified in the notice from the police station specified in the notice within 21 days after the notice is given.
(6) An object may only be returned to a person under this section by being collected by the person from the police station at which it is kept within the time specified in the notice under subsection (4).
(7) An object must not be returned under this section to a person under 18 years of age unless the person’s parent or guardian is with him or her when it is returned.
(8) Notice under this section may be given in person, by telephone or by post.
