Western Australian Current Acts Western Australian Current Acts (1) Where any firearm,
major firearm part, prohibited firearm accessory or ammunition is in the
possession of a member of the Police Force if —
(a) the
owner cannot be found; or
(b) the
owner, not being the holder of a licence relating thereto or otherwise
lawfully entitled to possession of it, dies; or
(c) the
owner, not being the holder of a licence relating thereto or otherwise
lawfully entitled to possession of it, refuses or fails lawfully to dispose of
it within a period of 3 months after notice in writing from the Commissioner,
or within such longer period as the Commissioner may by the notice allow,
requiring the owner to do so,
the Commissioner may
dispose of that firearm, major firearm part, prohibited firearm accessory or
ammunition in accordance with the regulations by destruction, sale or
otherwise.
(2) Where a firearm,
major firearm part or ammunition is sold by the Commissioner the net proceeds
of the sale shall be paid to the owner, if the owner is known, but if the
owner is not known or if after reasonable inquiry the Commissioner is of the
opinion that the owner although known cannot be contacted the net proceeds
shall be credited to the Consolidated Account.
(3) On payment of the
prescribed fee the Commissioner may, at the request of the owner and in the
Commissioner’s absolute discretion, accept any firearm, major firearm
part, prohibited firearm accessory or ammunition for safe custody, subject to
any prescribed conditions, and —
(a) may
sue for and recover in any court of competent jurisdiction; or
(b)
where the fees have not been paid for a period of more than 2 years, may
recover from the proceeds of a sale of that firearm, major firearm part,
prohibited firearm accessory or ammunition in the prescribed manner,
any fees due and owing
in respect of that safe custody and any costs or expenses incurred in
effecting such recovery.
(4) In relation to a
firearm, major firearm part, prohibited firearm accessory, ammunition or other
thing that is surrendered to, seized by, or that otherwise comes into
possession of, a member of the Police Force under this Act, the regulations
may —
(a)
provide for the steps that are required to be taken after the thing is
acquired; and
(b)
provide for the disposal of the thing.
(5) Regulations cannot
be made under subsection (4)(b) in relation to a firearm, major firearm part,
prohibited firearm accessory or ammunition —
(a) in
the circumstances referred to in subsection (1)(a) to (c) and (3)(b); or
(b) if
section 33C(2) applies.
[Section 33 amended: No. 6 of 1993 s. 11; No. 73
of 1994 s. 4; No. 49 of 1996 s. 64; No. 59 of 1996 s. 36; No. 77 of 2006 s. 4;
No. 13 of 2022 s. 59 and 66.]