49ZDealing with firearms or firearm related items surrendered or

49Z Dealing with firearms or firearm related items surrendered or seized under this Part (1) This section applies if a firearm or firearm related item is surrendered or seized under this Part. (2) The police officer to whom the firearm or firearm related item was surrendered or who seized the firearm or firearm related item may retain possession of the firearm or firearm related item for so long as: (a) the firearm or firearm related item is evidence of an offence against this Act or any other law in force in the Territory; or (b) it is reasonably necessary to test the firearm or firearm related item to determine if it is evidence of an offence against this Act or any other law in force in the Territory. (3) Subject to subsection (4), the firearm or firearm related item is forfeited to the Territory: (a) if the person who surrendered the firearm or firearm related item or from whom the firearm or firearm related item was seized is not lawfully entitled to possess the firearm or firearm

Firearms Act 1997 72 related item, and no other person is lawfully entitled to possess the firearm or firearm related item; or (b) if the following circumstances apply: (i) the firearm or firearm related item was acquired, possessed or used, in contravention of this Part, by the person who surrendered it or from whom it was seized; (ii) the Commissioner is satisfied the firearm or firearm related item had not been stolen at the time it was surrendered or seized. (4) The Commissioner may declare a firearm or firearm related item is not subject to forfeiture under subsection (3). 49ZA Sale, disposal or return of firearms or firearm related items surrendered or seized under this Part (1) This section applies in relation to: (a) a firearm or firearm related item that has been surrendered or seized under this Part; and (b) the firearm or firearm related item: (i) is not required or is no longer required under section 49Z(2); or (ii) has not been forfeited to the Territory under section 49Z(3); or (iii) has been declared not subject to forfeiture under section 49Z(4 (2) The Commissioner may: (a) by written notice, direct the owner of the firearm or firearm related item to sell or otherwise dispose of the firearm or firearm related item; or (b) by written notice, direct the owner of the firearm or firearm related item to take possession of the firearm or firearm related item; or (c) dispose of the firearm or firearm related item in the manner the Commissioner determines. (3) If the owner of a firearm does not comply with a direction under subsection (2)(a) or (b) within 28 days after the direction is given or

Firearms Act 1997 73 any further time that the Commissioner specifies in the notice, the Commissioner may dispose of the firearm or firearm related item in accordance with section 166 of the Police Administration Act 1978 as if the firearm or firearm related item was unclaimed property. (4) The Regulations may prescribe fees that are payable in relation to the storage of a firearm or firearm related item by the Commissioner prior to the owner taking possession of the firearm or firearm related item.