Part 10Administration

Part 10—Administration 49—Registrar (1) The Commissioner of Police is the Registrar of Firearms. (2) The Registrar may delegate a power or function of the Registrar under this Act to a particular person or to the person for the time being performing particular duties or holding or acting in a particular position. (3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated. (4) A delegation under this section— (a) may be absolute or conditional; and (b) does not derogate from the power of the delegator to act in a matter; and (c) is revocable at will by the delegator. (5) The Registrar may not delegate— (a) the function of classifying information as criminal intelligence for the purposes of this Act; or (b) the exercise of the power under section 8(6) to exempt a specified person from specified provisions of this Act (or to vary or revoke an exemption), except to a Deputy Commissioner or Assistant Commissioner of Police. 50—Registers (1) The Registrar must maintain— (a) a register of licences issued under this Act; and (b) a register of firearms registered under this Act; and (c) a register or registers of firearms prohibition orders issued under this Act. (2) If the Registrar is satisfied that a person has a proper interest in the contents of a register, the Registrar may permit that person to inspect the register, or portion of the register. (3) A register of firearms prohibition orders must be made available to the public by electronic or other means. (4) However, the Registrar may, at his or her discretion, determine that there is to be no public access to certain entries on a register or that access to certain entries is to be restricted to specified persons or classes of persons. (5) The Registrar may integrate a register maintained under this section with other law enforcement systems maintained in South Australia or elsewhere. 51—Provision of information by government agencies etc to Registrar An agency or instrumentality of the Crown in right of this State must, at the request of the Registrar, provide the Registrar with information, reports or other documents relating to the possession, use or management of firearms, firearm parts and ammunition in possession of the agency or instrumentality. 52—Exchange of information with agencies etc The Registrar may enter into an agreement or arrangement providing for the exchange of information held or obtained in the course of the administration or enforcement of this Act with an agency or instrumentality (whether in this State, the Commonwealth, another State or Territory of the Commonwealth or another jurisdiction) or some other prescribed body or person. 53—Power of Registrar to require medical examination or medical report (1) The Registrar may, as reasonably required for the purposes of determining whether a person is a fit and proper person for a purpose under this Act, require the person to— (a) submit to an examination by a health professional, or by a health professional of a class, specified by the Registrar; or (b) provide a medical report from a health professional, or from a health professional of a class, specified by the Registrar, (including an examination or report that will require the person to submit to a blood test or some other prescribed procedure). (2) In this section— health professional means— (a) a medical practitioner; or (b) a psychologist; or (c) a person of a class prescribed by the regulations. 54—Power of Registrar to investigate (1) The Registrar, or a person authorised by the Registrar, may, for the purpose of determining whether a person should be granted, or continue to hold, a licence, permit, authorisation or approval under this Act, or whether a licence, permit, authorisation or approval under this Act should be varied— (a) require a person to do 1 or more of the following: (i) to answer questions and, for that purpose, to be present or attend at a specified place and time as reasonably required by the Registrar; (ii) to provide information, or to produce material for inspection, that the Registrar reasonably requires; or (b) at any reasonable time, enter and inspect any premises; or (c) while on premises entered under paragraph (b), seize anything found on the premises that the Registrar or other person acting under this section reasonably believes may assist in making the determination. (2) The Registrar or other person acting under this section may retain any material produced or seized under this section for such reasonable period as he or she thinks fit, and make copies of the material, or any of its contents. (3) The Registrar or other person acting under this section must not exercise the power conferred by subsection (1)(b) in relation to any premises except with the permission of the occupier of the premises or on the authority of a warrant issued by a magistrate. (4) A magistrate must not issue a warrant under this section unless satisfied, by information given on oath, that the warrant is reasonably required in the circumstances. (5) A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to— (a) comply with a requirement under this section; or (b) answer a question put by the Registrar or a person authorised by the Registrar to the best of his or her knowledge, information and belief. (6) This section does not limit or affect a power of investigation or inquiry that exists apart from this section. 55—Power of police officer to require information (1) A police officer may require a person who the police officer suspects on reasonable grounds has knowledge of matters in respect of which information is reasonably required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name, date of birth and usual place of residence and to produce evidence of the person's identity. (2) Without limiting the operation of subsection (1), a police officer may require— (a) a person who the police officer suspects on reasonable grounds is a person to whom this subsection applies— (i) to state his or her full name, address and date of birth; and (ii) to state whether he or she is the owner of the firearm or firearm related item and, if not, to state the name of the owner of the firearm or firearm related item; and (iii) to answer questions relating to the firearm or firearm related item or to other persons who have, or have had, possession, of the firearm or firearm related item; or (b) the owner of a firearm or firearm related item to answer questions relating to— (i) the whereabouts of the firearm or firearm related item; or (ii) the person or persons who have, or have had, possession of the firearm or firearm related item. (3) Subsection (2) applies— (a) to a person who has, or recently has had, in his or her possession a firearm or firearm related item; (b) to a person who is in the company of a person who has, or recently has had, in his or her possession a firearm or firearm related item; (c) to a person who is an occupier or in charge of premises or a vehicle, vessel or aircraft on or in which a firearm or firearm related item is found; (d) to a person who is or was on or in any premises, vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) at the time or immediately before a firearm or firearm related item is found on or in the premises, vehicle, vessel or aircraft. (4) The police officer may, if he or she thinks fit to do so, require a person who has given information in response to a requirement under this section to produce such evidence as may be stipulated by the police officer to verify the information. (5) A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to— (a) comply with a requirement under this section; or (b) answer a question put by a police officer to the best of his or her knowledge, information and belief. (6) A person may, at the discretion of the prosecutor, be prosecuted for a summary offence, but on conviction of a summary offence under this section the maximum penalty is $10 000 or imprisonment for 2 years. (7) A person may not decline on grounds of self‑incrimination to answer a question put by a police officer under subsection (2)(b) but the answer to any such question is not admissible except in proceedings for an offence under this section. (8) In this section— firearm related item means— (a) a firearm part; or (b) a sound moderator; or (c) ammunition; or (d) a restricted firearm mechanism. 56—Power of police officer or warden to require production of licence etc (1) A person who has possession of a firearm must, at the request of a police officer or a warden under the National Parks and Wildlife Act 1972— (a) produce a firearms licence authorising his or her possession of the firearm and the certificate of registration of the firearm for inspection by the police officer or warden (or, if production of the licence or certificate is not possible at the time of the request, the person must produce the licence or certificate within 48 hours for inspection by a police officer at a police station nominated by that person at the time of the request); and (b) produce the firearm for inspection or, if production is not possible at the time of the request, produce the firearm within 48 hours for inspection by a police officer at a police station nominated by the person at the time of the request. (2) An apparently genuine document purporting to be signed by the Commissioner of Police, and to certify that a licence, certificate of registration or a firearm has not been produced as required under this section, will, in the absence of proof to the contrary, be accepted as proof of the matter so certified. (3) A warden under the National Parks and Wildlife Act 1972 can only act under subsection (1) when the person in possession of a firearm is on a reserve constituted under that Act. 57—Power to inspect or seize firearms etc (1) The owner of a firearm must, at the request of a police officer, produce the firearm for inspection at a specified place at a specified time or within a specified period. (2) A police officer may seize a firearm if the police officer suspects on reasonable grounds that— (a) the firearm is unregistered; or (b) an offence under this Act has been committed, or is being committed, with respect to the firearm; or (c) the firearm has been forfeited to the Crown by order of a court; or (d) a person who has possession of the firearm is not a fit and proper person to have possession of the firearm; or (e) continued possession of the firearm by a person would be likely to result in undue danger to life or property; or (f) a person has possession of the firearm in contravention of an order of a court whether the order was made in South Australia or in any other State or Territory of the Commonwealth; or (g) a person has possession of the firearm in contravention of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009; or (h) the holder of a firearms licence authorising use of the firearm can no longer use the firearm for the purpose authorised under the licence; or (i) the firearm is mechanically unsafe; or (j) the firearm (not being a prescribed firearm)— (i) is particularly dangerous by reason of its design, construction or any other factor; or (ii) could easily be converted to an automatic firearm; or (iii) by reason of its size or any other factor, could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use. (3) If a police officer suspects on reasonable grounds that a person has possession of a firearm, firearm part, sound moderator, prohibited firearm accessory or restricted firearm mechanism in contravention of this Act, the police officer may seize the firearm, firearm part, sound moderator, prohibited firearm accessory or restricted firearm mechanism. (4) If a police officer suspects on reasonable grounds that a person has possession of ammunition that has been acquired or is held in contravention of this Act, the police officer may seize the ammunition. (5) If a police officer suspects on reasonable grounds that a person has possession of a firearm, a firearm part or ammunition in contravention of— (a) a condition of a bail agreement under the Bail Act 1985; or (b) a condition of the person's release on parole under the Correctional Services Act 1982; or (c) a condition of the person's release on licence under the Sentencing Act 2017; or (d) a condition of a bond under the Sentencing Act 2017; or (e) a condition of the person's release on licence under the Criminal Law Consolidation Act 1935; or (f) a condition of the person's release on licence under the Young Offenders Act 1993; or (g) any other Act, the police officer may seize the firearm, firearm part or ammunition. (6) If a police officer suspects on reasonable grounds that— (a) a person has possession of a licence authorising possession of a firearm that has been seized under this section; or (b) a person has possession of a licence in contravention of an order of a court; or (c) a person has possession of a licence in contravention of an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009; or (d) a person has possession of a licence that has been cancelled or suspended or is not otherwise in force under this Act; or (e) a person has possession of a licence for an illegal purpose; or (f) a person who has possession of a licence is not a fit and proper person to have possession of the licence, the police officer may require the person to surrender the licence to him or her immediately and, if the person refuses or fails to comply with such a requirement, seize the licence. (7) A police officer may stop, detain and search or detain and search— (a) any vehicle, vessel or aircraft on which the police officer suspects on reasonable grounds that there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section; or (b) any person who the police officer suspects on reasonable grounds has possession of a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section. (8) If a police officer suspects on reasonable grounds that a person who has possession of a firearm has failed to keep the firearm safely and securely and in accordance with the requirements of this Act, the police officer may inspect the firearm and the means (if any) by which it has been secured. (9) A police officer may enter and search any premises in which the police officer suspects on reasonable grounds— (a) there is a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, liable to seizure under this section; or (b) there is a firearm that has not been kept safely and securely and in accordance with the requirements of this Act. (10) For the purposes of this section, there will be reasonable cause to suspect that a firearm has not been kept safely and securely and in accordance with the requirements of this Act if the firearm is in the possession of a licensee who has failed to comply with a condition of the licence— (a) that the licensee must, in accordance with a written request of the Registrar, conduct an audit of the licensee's practices with respect to the storage and safe keeping of the firearms in the licensee's possession, and report to the Registrar the results of the audit, in the manner and within the time specified by the Registrar; or (b) that the licensee must permit inspection by a police officer at any reasonable time of the firearms in the licensee's possession and the licensee's facilities for the storage and safe keeping of the firearms. (11) A police officer may, as reasonably required for the purpose of ensuring compliance with a firearms prohibition order issued by the Registrar or to which a person is subject by order of a court— (a) detain a person to whom this subsection applies and search the person for any firearm, firearm part, sound moderator, ammunition or licence liable to seizure under this section; and (b) stop and detain a vehicle, vessel or aircraft to which this subsection applies and search the vehicle, vessel or aircraft for any firearm, firearm part, sound moderator, ammunition or licence liable to seizure under this section; and (c) enter premises to which this subsection applies and search the premises for any firearm, firearm part, sound moderator, ammunition or licence liable to seizure under this section. (12) Subsection (11) applies— (a) to a person who a police officer suspects on reasonable grounds is a person to whom a firearms prohibition order issued by the Registrar applies or to which the person is subject by order of a court; and (b) to a vehicle, vessel or aircraft that a police officer suspects on reasonable grounds— (i) is in the charge of a person to whom the subsection applies; or (ii) is a vehicle, vessel or aircraft in which a person to whom this subsection applies is or was a passenger (other than a vehicle, vessel or aircraft to which the public are admitted); and (c) to premises that a police officer suspects on reasonable grounds— (i) are occupied by, or under the care, control or management of, a person to whom the subsection applies; or (ii) are premises in which a person to whom this subsection applies is or was present (other than premises to which the public are admitted). (13) A police officer may, with such assistance as he or she considers appropriate, use such reasonable force as is necessary to— (a) break into any premises, vehicle, vessel or aircraft in order to gain entry or conduct a search under this section; and (b) if reasonably necessary for the purposes of conducting a search, break into or open anything in or on the premises, vehicle, vessel or aircraft. (14) If a firearm or ammunition, or a firearm part, sound moderator, prohibited firearm accessory, restricted firearm mechanism or licence, is delivered or seized under this section, it must be forwarded immediately to the Registrar. 58—Return of licence that has been surrendered or seized If a licence has been surrendered to or seized by a police officer under this Part and the licence has not been suspended or cancelled, it must, subject to the order of any court, be dealt with as follows: (a) if the firearm to which the licence relates has been seized—the licence must be returned to the holder on the return of the firearm to its owner; (b) in any other case—the licence must be returned to the holder at the expiration of 90 days from the date of surrender or seizure. 59—Seizure and forfeiture of equipment etc (1) If a police officer suspects on reasonable grounds that an offence against section 37 or 38 has been committed, is being committed or will be committed, the officer may seize any equipment, device, object or document reasonably suspected of being used, or intended for use, for, or in connection with, the commission of the offence. (2) If equipment, a device, an object or a document is seized under subsection (1), the Registrar may institute proceedings for forfeiture of the equipment, device, object or document before a court of summary jurisdiction. (3) If, in proceedings under subsection (2), the court is satisfied that the equipment, device, object or document was used or intended for use for, or in connection with, the commission of an offence against section 37 or 38, the court may order that the equipment, device, object or document be forfeited to the Crown, or make such other order for the disposal of the equipment, device, object or document as it thinks appropriate. (4) If a court finds a person guilty of an offence against section 37 or 38 and the court finds that any equipment, device, object or document was involved in the commission of the offence, the court may order that the equipment, device, object or document be forfeited to the Crown or be disposed of in such manner as the court directs. (5) If a police officer suspects on reasonable grounds that equipment, a device, an object or a document has been forfeited to the Crown by order of a court, the police officer may seize that equipment, device, object or document. (6) Equipment, a device, an object or a document seized under this section may be held— (a) until— (i) proceedings are instituted for— (A) an order under this section; or (B) an offence against section 37 or 38 for which, or in connection with which, the equipment, device, object or document is alleged to have been used, or a decision is made not to institute such proceedings; or (ii) the expiration of 12 months after the equipment, device, object or document was seized, whichever first occurs; or (b) if proceedings of either kind referred to in paragraph (a)(i) are instituted within 12 months after the equipment, device, object or document was seized—until those proceedings are finally determined. (7) The Registrar may sell or otherwise dispose of equipment, a device, an object or a document forfeited to the Crown under this section. (8) Subject to this Act and the regulations, the proceeds of the sale or disposal of equipment, a device, an object or a document under this section must be paid into the Consolidated Account. 60—Public safety notices (1) If a senior police officer considers that it is necessary or desirable to address an issue or perceived issue of public safety or to mitigate adverse consequences arising from an issue or perceived issue of public safety, the officer may issue a notice (a public safety notice) in respect of regulated premises to the owner or occupier of those premises. (2) Unless the urgency of the circumstances require otherwise, the senior police officer must, before issuing a public safety notice in respect of regulated premises, give the owner or occupier of the premises a reasonable opportunity to make submissions about the making of the notice and its proposed terms (however, failure to comply with this subsection does not affect the validity of the notice). (3) A public safety notice may impose 1 or more of the following requirements on the person to whom the notice is directed: (a) a requirement that the person provide information, or produce for inspection material in his or her possession, relating to the premises, or to activities carried on at the premises, within a time specified in the notice; (b) a requirement that the person ensure that the premises be closed and remain closed for a specified period; (c) a requirement that the person ensure that specified activities or operations at the premises be discontinued or not commenced for a specified period; (d) a requirement that the person ensure that specified activities or operations not be carried on at the premises except at specified times or subject to specified conditions; (e) a requirement that the person take action in relation to the premises as specified in the notice. (4) The Registrar may retain material produced under this section for such reasonable period as he or she thinks fit, and make copies of the material, or any of its contents. (5) A person to whom a public safety notice is directed is guilty of an offence if the person fails, without reasonable excuse, to comply with a requirement imposed by the notice. Maximum penalty: $20 000 or imprisonment for 4 years. (6) A public safety notice takes effect when served on the person to whom the notice is directed or at a later time specified in the notice and, subject to subsection (9), remains in force for a period of not more than 72 hours specified in the notice. (7) A public safety notice may not be issued except with the approval of the Minister if the premises has been subject to another public safety notice within the 72 hours immediately preceding the period for which the notice would apply. (8) A public safety notice issued with the approval of the Minister under subsection (7) remains in force for a period determined by the Minister and specified in the notice. (9) The Minister may, if he or she is satisfied that it is in the public interest to do so, determine that a public safety notice issued with his or her approval under subsection (7) is to remain in force for a period that exceeds 72 hours. (10) If a public safety notice is issued with the approval of the Minister under subsection (7), the person to whom the notice is directed may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision of the Minister to give the approval. (11) An approval of the Minister under subsection (7) must be in writing and must set out— (a) the reasons for the approval; and (b) if the Minister has determined that the notice to which the approval relates is to remain in force for more than 72 hours—the reasons for that determination, and must be provided to the person to whom the notice is directed. (12) If the approval of the Minister was given because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the approval was given on public interest grounds. (13) A public safety notice may be varied or revoked by a senior police officer by notice in writing served on the person to whom the notice is directed. (14) The requirements of a public safety notice operate despite any contrary terms and conditions of a licence or approval under this Act. (15) No civil liability attaches to a senior police officer or the Crown in respect of an act or omission in good faith in the making, variation or revocation of a public safety notice. (16) In this section— premises includes— (a) land; and (b) any building or structure on land; and (c) a part of premises, but does not include residential premises; regulated premises means premises at which firearms, firearms parts or ammunition are used, held, stored or displayed in connection with the activities or operations of recognised firearms clubs, commercial ranges, the operations of paint‑ball operators or the business of licensed dealers or foreign firearms dealers; senior police officer means the Registrar or a police officer of or above the rank of superintendent. 61—Obstruction of police officer A person who hinders or resists a police officer acting in the exercise of powers conferred by this Act is guilty of an offence.