158Surrender of firearms and weapons

158 Surrender of firearms and weapons S. 158(1) amended by No. 77/2013, s. 26(1), substituted by No. 53/2016 s. 60. (a) a family violence safety notice has been issued or a family violence intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds for issuing a notice or making an order against a person; and (b) the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession. S. 158(1A) inserted by No. 53/2016 s. 60. (1A) This section applies in relation to a recognised DVO or an interstate DVO if— (a) one of the following applies— (i) a person is a respondent to a recognised DVO; or (ii) a police officer intends to serve or has served on a person an application for a recognised DVO made against the person; or (iii) a police officer intends to serve or has served on a person an interstate DVO made against the person or an application for an interstate DVO made against the person; and (b) the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession. S. 158(2) amended by No. 77/2013 s. 26(2). (2) Subject to section 159A, the police officer may— (a) direct the person to immediately surrender the firearm, firearms authority, ammunition or weapon to the police officer; or (b) by written notice served on the person, direct the person to surrender the firearm, firearms authority, ammunition or weapon to a police officer at a specified place within a specified time or, if no time is specified, within 48 hours after the direction is given to the person. (3) A direction under subsection (2) must include the prescribed particulars. (4) A person given a direction under subsection (2) must not, without lawful excuse, fail to comply with the direction. 1. In the case of a failure to comply with a direction to surrender a firearm, 60 penalty units; In the case of a failure to comply with a direction to surrender a firearms authority, ammunition or a weapon, 30 penalty units.