Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 262

Destruction or disposal of seized or surrendered firearms

    (1)     This section applies in relation to a firearm surrendered to or seized by a police officer under this Act or any other territory law.

    (2)     For a firearm other than a firearm mentioned in subsection (4), a police officer or the owner of the firearm may apply to a court for an order that the firearm is—

        (a)     forfeited to the Territory; or

        (b)     returned to the owner; or

        (c)     destroyed; or

        (d)     otherwise disposed of.

    (3)     The court may make the order it considers appropriate.

    (4)     For a firearm surrendered under section 38 (Amnesty), the registrar may destroy or otherwise dispose of the firearm as soon as practicable after it is surrendered if—

        (a)     the person surrendering the firearm

              (i)     stated, when surrendering it, that they did not intend to seek authority to possess the firearm; or

              (ii)     made no statement about whether they would seek authority to possess the firearm; and

        (b)     there are no circumstances that would preclude the destruction or disposal of the firearm.

    (5)     However, if on surrendering a firearm, the person surrendering it states that they intend to seek authority to possess the firearm, the registrar may only destroy or otherwise dispose of the firearm if—

        (a)     the registrar has been in possession of the firearm for at least 6 months; and

        (b)     the person who surrendered the firearm has not obtained authority to possess the firearm; and

        (c)     there are no circumstances that would preclude the destruction or disposal of the firearm.

    (6)     This section is subject to section 217 (Return or forfeiture of things seized).

    (7)     In this section:

"firearm" includes a firearm part and ammunition.

"owner", of a firearm, means a person who is or claims to be the owner of the firearm.



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