(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.]