(1) A member of the
Police Force may demand from any person in possession of a firearm, major
firearm part, prohibited firearm accessory or ammunition —
(a) the
licence or permit under which the person is authorised to have such
possession; or
(b)
evidence that the person is authorised to have such possession otherwise than
under a licence or permit or is exempt under section 8 from the requirement to
hold a licence under this Act; and
(c) if
the licence or permit, or the authorisation or exemption, is such that the
person in possession of the firearm, major firearm part, prohibited firearm
accessory or ammunition should also be in possession of an Extract of Licence
in respect of that licence, permit, authorisation, or exemption, that Extract
of Licence,
and where no such
licence or permit, or no relevant Extract of Licence, is produced or the
officer is not satisfied that the possession is otherwise authorised the
officer may seize and take possession of that firearm, major firearm part,
prohibited firearm accessory or ammunition.
(2) A member of the
Police Force may seize and take possession of any firearm, major firearm part,
prohibited firearm accessory or ammunition that is in the possession of a
person, whether or not the person is licensed or otherwise authorised to
possess it if, in the opinion of the member of the Police Force —
(a)
possession of it by that person may result in harm being suffered by any
person; or
(b) that
person is not at the time a fit and proper person to be in possession of it.
(2a) For the purpose
of exercising the powers given by subsection (2), a member of the Police Force
may enter and search any premises on which, in the opinion of the member of
the Police Force, there are reasonable grounds to suspect that any firearm,
major firearm part, prohibited firearm accessory or ammunition may be found in
the possession of a person in the circumstances described in that subsection.
(3) A member of the
Police Force may require any person to permit the officer to examine a firearm
or major firearm part in the possession of that person and if, in the opinion
of the officer, any such firearm or major firearm part, the possession of
which is not authorised under a Firearm Collector’s Licence, is unsafe
or unserviceable the officer may seize and take possession of it.
(3A) A member of the
Police Force who suspects on reasonable grounds that a person is in possession
of firearms technology may direct that the person provide a password, device
or some other information or thing to enable the member of the Police Force to
access the firearms technology.
(3B) A person who
refuses or fails without lawful excuse to comply with any direction given by a
member of the Police Force under subsection (3A) commits a crime.
Penalty for this subsection: imprisonment for 10
years.
Summary conviction penalty for this subsection:
imprisonment for 3 years.
(4) A member of the
Police Force may —
(a)
question any person who is suspected on reasonable grounds of being able to
furnish information or evidence relating to an offence or suspected offence
under this Act;
(b)
stop, search, and detain —
(i)
any person who is suspected on reasonable grounds of
having a firearm, major firearm part, prohibited firearm accessory or
ammunition in the person’s possession without lawful excuse;
(ii)
any vehicle or conveyance where there are reasonable
grounds to suspect that a firearm, major firearm part, prohibited firearm
accessory or ammunition is kept without lawful excuse;
(c)
arrest any person who is suspected on reasonable grounds of committing an
offence under this Act.
(5) Any firearm, major
firearm part, prohibited firearm accessory or ammunition seized and any person
arrested under the provisions of subsection (1) shall be dealt with according
to law.
(6) A person commits
an offence if the person —
(a)
refuses or fails without lawful excuse to answer any question put by a member
of the Police Force under this Act;
(b)
wilfully misleads or wilfully attempts to mislead any member of the Police
Force in any particular likely to affect the discharge of the member’s
duty under this Act;
(c)
refuses or fails to produce any licence or permit held by the person under
this Act, or any firearm in respect of which any such licence or permit is
issued, or any Extract of Licence issued in respect of any such licence or
permit or in respect of any exemption or other authorisation, within
reasonable time after demand made by a member of the Police Force.
Penalty for this subsection: a fine of $4 000.
(7) The powers given
by this section to a member of the Police Force may be exercised without
warrant except that the powers given by subsection (2a) can only be exercised
without warrant if the member of the Police Force —
(a) is
reasonably of the opinion that —
(i)
there is an immediate threat of harm being suffered by a
person; and
(ii)
the delay that would be involved in obtaining a warrant
would be likely to increase the risk or extent of such harm;
and
(b)
gives the Commissioner, after the powers are exercised, a written report
explaining the reason for that opinion.
(8) The regulations
may make provision as to the giving of the report required by subsection
(7)(b).
(9) For the purposes
of this section the term firearm is deemed to include any sound suppressor.
[Section 24 amended: No. 61 of 1976 s. 5; No. 54
of 1978 s. 4; No. 70 of 1987 s. 9; No. 90 of 1994 s. 5; No. 59 of 1996 s. 27,
42 and 50(2); No. 69 of 2004 s. 31; No. 59 of 2006 s. 73; No. 13 of 2022 s. 47
and 66.]