Western Australian Current Acts

RESTRAINING ORDERS ACT 1997 - SECT 14

14 .         Firearms order

        (1)         Subject to subsection (5), every FVRO or VRO includes a restraint prohibiting the person who is bound by the order from —

            (a)         being in possession of a firearm item or firearms authorisation; and

            (b)         obtaining a firearms authorisation.

        (2)         A person who is bound by an FVRO or VRO must give up possession, to a person and in a manner prescribed in the regulations, of all firearm items and firearms authorisations held by the person.

        (3)         A firearm item or firearms authorisation given up under subsection (2) is to be dealt with in a manner prescribed in the regulations.

        (4)         If a person who is bound by an FVRO or VRO —

            (a)         was lawfully in possession of a firearm item or firearms authorisation before the order was made; and

            (b)         gives up possession of the firearm item or firearms authorisation under subsection (2),

                the person does not breach the order by reason only of being in possession of the firearm item or firearms authorisation for the period necessary to comply with subsection (2).

        (5)         When making an FVRO or VRO a court may permit the respondent to have possession of a firearm item, and, if necessary, a firearms authorisation relating to it, on such conditions as the court thinks fit, if the court is satisfied that —

            (a)         the respondent cannot carry on the respondent’s usual occupation unless the respondent is permitted to have possession of a firearm item; and

            (b)         the behaviour in relation to which the order was sought did not involve the use, or threatened use, of a firearm item; and

            (c)         the safety of any person, or their perception of their safety, is not likely to be adversely affected by the respondent’s possession of a firearm item.

        (6)         If, under subsection (5), a court permits a respondent to have possession of a firearm item, the court must make that possession subject to such conditions (in addition to any conditions imposed under that subsection) as the applicant or person seeking to be protected requests unless the court considers the requested conditions to be unreasonable.

        (7)         When making an FVRO or VRO a court may shorten the period prescribed in the regulations within which the respondent must give up possession of firearm items and firearms authorisations.

        [Section 14 amended: No. 38 of 2004 s. 55; No. 49 of 2016 s. 23; No. 13 of 2022 s. 80 and 81.]