ACTIn ForceAct
Firearms Act 1996
262Destruction or disposal of seized or surrendered firearms
Start here
Get a plain-English read of 262
Turn the raw legal text into a practical explanation grounded in Firearms Act 1996.
262 Destruction or disposal of seized or surrendered firearms
(1) This section applies in relation to a firearm surrendered to or seized
by a police officer under this Act or any other territory law.
(2) For a firearm other than a firearm mentioned in subsection (4), a
police officer or the owner of the firearm may apply to a court for an
order that the firearm is—
(a) forfeited to the Territory; or
(b) returned to the owner; or
(c) destroyed; or
(d) otherwise disposed of.
(3) The court may make the order it considers appropriate.
(4) For a firearm surrendered under section 38 (Amnesty), the registrar
may destroy or otherwise dispose of the firearm as soon as practicable
after it is surrendered if—
(a) the person surrendering the firearm—
(i) stated, when surrendering it, that they did not intend to seek
authority to possess the firearm; or
(ii) made no statement about whether they would seek
authority to possess the firearm; and
(b) there are no circumstances that would preclude the destruction
or disposal of the firearm.
(5) However, if on surrendering a firearm, the person surrendering it
states that they intend to seek authority to possess the firearm, the
registrar may only destroy or otherwise dispose of the firearm if—
(a) the registrar has been in possession of the firearm for at least 6
months; and
(b) the person who surrendered the firearm has not obtained
authority to possess the firearm; and
(c) there are no circumstances that would preclude the destruction
or disposal of the firearm.
(6) This section is subject to section 217 (Return or forfeiture of things
seized).
(7) In this section:
firearm includes a firearm part and ammunition.
owner, of a firearm, means a person who is or claims to be the owner
of the firearm.