Western Australian Current Acts

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RESTRAINING ORDERS ACT 1997 - SECT 62E

62E .         Seizure of firearm items and explosives

        (1)         If a person who is bound by an FVRO or VRO does not give up possession of a firearm item or firearms authorisation in accordance with section 14(2), a police officer may, without a warrant, enter a place where —

            (a)         a firearm item that is, or is reasonably suspected to be, in the possession of the person; or

            (b)         a firearms authorisation held by the person,

                is reasonably suspected to be, and search for and seize the firearm item or firearms authorisation.

        (1AA)         If a person who is bound by a restraint under section 14A in relation to an FVRO or VRO does not give up possession of any explosives or an explosives licence in accordance with that section, a police officer may, without a warrant —

            (a)         enter a place where any explosives that are, or are reasonably suspected to be, in the possession of the person are reasonably suspected to be, and search for and seize the explosives; or

            (b)         enter a place where an explosives licence held by the person is reasonably suspected to be, and search for and seize the licence.

        (1a)         In order to exercise a power under subsection (1) or (1AA), a police officer may use any force against any person or thing that it is reasonably necessary to use in the circumstances.

        (1B)         In the exercise of a power under subsection (1AA), a police officer may be accompanied and assisted by a dangerous goods officer under the Dangerous Goods Safety Act 2004 .

        (2)         A firearm item or firearms authorisation seized under subsection (1), or any explosives or an explosives licence seized under subsection (1AA), are to be delivered to the Commissioner of Police, and dealt with, in the manner prescribed in the regulations.

        [Section 62E inserted: No. 38 of 2004 s. 43(1); amended: No. 5 of 2008 s. 102; No. 49 of 2016 s. 67; No. 30 of 2020 s. 76; No. 13 of 2022 s. 80 and 81.]

        [Section 62E. Modifications to be applied in order to give effect to Cross-border Justice Act 2008: section altered 1 Nov 2009. See endnote 1M.]



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