8ASurrender of prison service equipment, &c.

### 8A Surrender of prison service equipment, &c. > [*\[Section 8A Inserted by No. 52 of 2016, s. 8, Applied:01 Dec 2017\]*](/view/html/inforce/2017-12-01/act-2016-052#GS8@EN) > > > (1)  In this section – > > > > > ***item of identification*** includes – > > > > > > > > (a) an access pass; and > > > > > > > > > (b) a security pass; and > > > > > > > > > (c) a tag; > > > > > ***prescribed period*** means – > > > > > > > > (a) in respect of an item of identification, equipment, clothing or insignia, the 7-day period immediately following the day on which the relevant person ceases to be a correctional officer or State Service corrections employee, or such longer period as the Director, by notice in writing given before or during that 7-day period, may allow the person; and > > > > > > > > > (b) in respect of a firearm or ammunition, the 24-hour period immediately after the relevant person ceases to be a correctional officer or State Service corrections employee. > > > (2)  This section applies to a person who ceases for any reason to hold an appointment or employment as a correctional officer or State Service corrections employee. > > > (3)  The person must surrender to the Director, within the prescribed period – > > > > > > (a) all firearms and ammunition; and > > > > > > > (b) all items of identification, equipment, clothing and insignia – > > > > that were on issue to that person as a correctional officer or State Service corrections employee immediately before he or she ceased to hold that appointment or employment. > > > > Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months. > > > (4)  However, [subsection (3)](#GS8A@Gs3@EN) does not apply to the person in respect of an item of identification, equipment, clothing or insignia if it is an item of a kind that, under the standing orders in force at the relevant time, the person may retain on ceasing to hold the relevant appointment or employment. > > > (5)  If the person fails to surrender an item of identification, equipment, clothing or insignia as required by [subsection (3)](#GS8A@Gs3@EN) , the Director, as soon as practicable after the prescribed period, is to give the person a notice requiring that the item be surrendered to the Director forthwith or within such time as he or she considers reasonable in the circumstances and specifies in the notice. > > > (6)  The notice under [subsection (5)](#GS8A@Gs5@EN) is to be given by registered post addressed to the person's place of residence last known to the Director. > > > (7)  The Commissioner of Police, at the written request of the Director, may apply to a justice for a warrant to enter and search any place and do either or both of the following: > > > > > > (a) seize any firearm or ammunition found in the place that ought to have been surrendered to the Director pursuant to [subsection (3)](#GS8A@Gs3@EN) but has not been so surrendered; > > > > > > > (b) seize any item of identification, equipment, clothing or insignia found in the place that ought to have been surrendered to the Director pursuant to [subsections (3)](#GS8A@Gs3@EN) and [(5)](#GS8A@Gs5@EN) but has not been so surrendered. > > > (8)  A justice may issue a warrant if satisfied that there are reasonable grounds for believing that there is on or in any place either or both of the following: > > > > > > (a) a firearm or ammunition, or both, that ought to have been surrendered to the Director pursuant to [subsection (3)](#GS8A@Gs3@EN) but has not been so surrendered; > > > > > > > (b) an item of identification, equipment, clothing or insignia that ought to have been surrendered to the Director pursuant to [subsections (3)](#GS8A@Gs3@EN) and [(5)](#GS8A@Gs5@EN) but has not been so surrendered. > > > (9)  A warrant is to authorise a police officer to – > > > > > > (a) enter and search the place specified in the warrant; and > > > > > > > (b) seize any thing that the police officer reasonably believes is required to be surrendered to the Director under this section. > > > (10)  A warrant is to specify the date on which, and time by which, the warrant ceases to have effect. > > > (11)  If the occupier of the place is not present or refuses permission, the police officer may – > > > > > > (a) proceed to execute the warrant using any reasonable force necessary; and > > > > > > > (b) do anything reasonably required to execute the warrant.