Western Australian Current Acts Western Australian Current Acts (1) Where a person who
has been the holder of a Firearm Licence, Firearm Collector’s Licence,
or Ammunition Collector’s Licence —
(a)
applies for the renewal of that licence more than 3 months but not more than
12 months after the date on which the licence expired and the renewal is
effected; and
(b) has
been served with a notice referred to in subsection (2); and
(c) has
paid, within the time specified in the notice, the amount prescribed by way of
penalty referred to in subsection (2) and the notice has not been withdrawn
within 28 days after the service of it upon the person,
proceedings shall not
be brought against the person for any offence against this Act which was
committed by the person between the date on which the licence expired and the
date on which its renewal was effected but which would not have arisen if the
licence had been renewed within the time specified in section 9A(5).
(2) The Commissioner
may by notice in the prescribed form notify any person who has failed to renew
a licence of a kind specified in subsection (1) after a period of 3 months
immediately succeeding the expiry of the person’s licence that an
allegation can be made that they have contravened section 19(1) and that they
may, if they do not wish to be prosecuted for the alleged offence in a court
—
(a) pay
to the holder of an office specified in the notice the amount prescribed by
way of penalty for the alleged contravention; and
(b)
obtain the renewal of the licence,
within the time
specified in the notice, if dealt with under this section.
(3) A notice referred
to in subsection (2) may be served on an alleged offender personally or by
posting it to the alleged offender’s address as ascertained from the
alleged offender or pursuant to any inquiry conducted under the direction of
the Commissioner.
(4) A person who
receives a notice referred to in subsection (2) may decline to pay the penalty
referred to in that subsection and where the person fails to pay that penalty
within the time specified in the notice or within such further time as may in
any particular case be allowed, the person is deemed to have declined to be
dealt with under the provisions of subsection (2).
(5) A notice referred
to in subsection (2) may, whether or not the penalty has been paid, be
withdrawn, at any time within 28 days after the service of the notice, by the
sending of a notice, in the prescribed form, signed by an officer authorised
by the Commissioner, to the alleged offender at the alleged offender’s
last known place of residence or business, advising the alleged offender that
the notice has been withdrawn.
(6) The payment of a
penalty pursuant to this section shall not constitute a conviction of an
offence against this Act and shall not be regarded as an admission of
liability for the purpose of, or in any way affect or prejudice, any civil
claim, action or proceeding.
[Section 19A inserted: No. 61 of 1976 s. 4;
amended: No. 35 of 1980 s. 4; No. 59 of 1996 s. 20; No. 84 of 2004 s. 80; No.
13 of 2022 s. 66.]
[Heading inserted: No. 13 of 2022 s. 31.]