164Effect of surrender or seizure of firearm, weapon or other article if final order made against person

164 Effect of surrender or seizure of firearm, weapon or other article if final order made against person S. 164(1) amended by Nos 55/2009 s. 11(2), 77/2013 s. 30(1), 53/2016 s. 64(1). (1) If a person's firearm, firearms authority or ammunition is surrendered under section 158 or seized under section 160 or 163 and a final order, a final recognised DVO or a final interstate DVO has been or is made against the person, the firearm, firearms authority or ammunition must be— (a) returned to the person if— (i) the person is declared, under the **Firearms Act 1996**, not to be a prohibited person; and (ii) the firearms, firearms authority or ammunition is not required as evidence in further proceedings under this Act or another Act or is not subject to forfeiture after a proceeding for an offence under this Act or another Act; or (b) if paragraph (a) does not apply and the period during which, under section 47A(2) of the **Firearms Act 1996**, the person may make an application under section 189 of that Act has ended or the application has been refused, forfeited to the Crown or disposed of in accordance with directions in the order or, if there are no such directions, forfeited to the Crown or disposed of under the **Firearms Act 1996**. S. 164(2) amended by Nos 55/2009 s. 11(2), 77/2013 s. 30(2)(a), 53/2016 s. 64(1). (2) If a person's weapon is surrendered under section 158 or seized under section 160 or 163 and a final order, a final recognised DVO or a final interstate DVO has been or is made against the person, the weapon must be— (a) returned to the owner if— (i) the person is declared, under the **Firearms Act 1996**, not to be a prohibited person; and (ii) the weapon is not required as evidence in further proceedings under this Act or another Act or is not subject to forfeiture after a proceeding for an offence under this Act or another Act; or S. 164(2)(b) amended by Nos 77/2013 s. 30(2)(b), 33/2018 s. 30(2). (b) if paragraph (a) does not apply and the person has not made an application under section 189 of the **Firearms Act 1996** within 3 months after the making of the final order, a final recognised DVO or a final interstate DVO or the person has made an application and it has been refused, forfeited to the Crown or disposed of in accordance with directions in the order. S. 164(3) amended by Nos 77/2013 s. 30(3), 53/2016 s. 64(1). (3) If an article other than one referred to in subsection (1) or (2) is seized from a person under section 160 or 163 and a final order, a final recognised DVO or a final interstate DVO has been or is made against the person, the article must be returned to the person unless— (a) the article is required as evidence in further proceedings under this Act or another Act; or S. 164(3)(b) amended by No. 55/2009 s. 11(3). (b) the article is subject to forfeiture after a proceeding for an offence under this Act or another Act. (4) If a firearm, weapon or other article is disposed of by sale under this section in accordance with directions in an order, the proceeds of the sale must be paid to the owner of the firearm, weapon or other article. S. 164(5) inserted by No. 53/2016 s. 64(2). (5) In this section and in section 165— ***final interstate DVO*** means an interstate DVO that is a final order within the meaning of the **National Domestic** **Violence Order Scheme Act 2016**; ***final recognised DVO*** means a recognised DVO that is a final order within the meaning of the **National Domestic** **Violence Order Scheme Act 2016**. S. 165 (Heading) amended by No. 55/2009 s. 12(1).