Part 11Surrender and forfeiture of firearms etc

Part 11—Surrender and forfeiture of firearms etc 62—Procedures on surrender of firearms etc (1) This section does not apply to a person if— (a) the person is prohibited from possessing or using a firearm by an order of a court whether in South Australia or any other State or Territory of the Commonwealth or by a firearms prohibition order or a similar order under corresponding legislation of another State or Territory of the Commonwealth; or (b) the operation of this section in relation to the person would conflict with an order of a court whether in South Australia or any other State or Territory of the Commonwealth. (2) If a firearm, a firearm part, a sound moderator or ammunition is surrendered to the Registrar under this Act as a result of— (a) the cancellation, suspension or variation of a licence authorising possession of a firearm; or (b) the refusal of the Registrar to renew such a licence; or (c) the cancellation of the registration of a firearm, the firearm, firearm part, sound moderator or ammunition must be retained by the Registrar until it is dealt with in accordance with this section. (3) The Registrar may, subject to subsection (4), give a written direction to the person who held, or applied for renewal of, the licence or in whose name the firearm was registered (as the case requires) to arrange for the surrendered item to be transferred to a licensed dealer or other person approved by the Registrar, for sale or disposal on behalf of the person. (4) A direction may not be given by the Registrar under subsection (3)— (a) until the period allowed for review of the cancellation, suspension, variation or refusal under Part 9 has expired; or (b) if an application for review has been made— (i) until the review lapses; or (ii) in the case of a review that is finally determined—until the period allowed for an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013 (if any) has expired or, if an appeal has been instituted, until the appeal has lapsed or been finally determined, and unless the Registrar is satisfied that the person is not entitled to lawful possession of the surrendered item. (5) If a person fails to comply with a direction of the Registrar under subsection (3) within 90 days after the day on which the direction is given, or within such longer period as may be allowed by the Registrar, a surrendered item to which the direction relates is forfeited to the Registrar by force of this subsection. (6) An item forfeited under subsection (5) may be sold or otherwise disposed of by the Registrar and, subject to the regulations, any proceeds of sale or disposal must be paid into the Consolidated Account. (7) Despite subsections (3) and (4), the Registrar may— (a) at the request of the person who surrendered a surrendered item— (i) consent to the person arranging for the transfer of the item to a licensed dealer or other person approved by the Registrar for sale or disposal of the item on behalf of the person; or (ii) authorise the collection of the item by a person to whom the item has been sold (provided that the Registrar is satisfied that the person is entitled to lawful possession of the item); or (b) if satisfied that the person who surrendered a surrendered item, or some other person, is entitled to lawful possession of the item, authorise the collection of the item by that person. (8) A surrendered item transferred to a person approved by the Registrar in accordance with subsection (3) or (7)(a)(i) must be delivered by the person to a licensed dealer as soon as reasonably practicable. (9) If— (a) the Registrar— (i) has authorised collection of a surrendered item; and (ii) has made a reasonable attempt to notify the owner of the item in accordance with the requirements of the regulations that the surrendered item is available for collection; and (b) the surrendered item is not collected within the period allowed by the regulations by the owner or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the surrendered item, the surrendered item is forfeited to the Registrar by force of this subsection. (10) An item forfeited under subsection (9) may be sold or otherwise disposed of by the Registrar and, subject to the regulations, any proceeds of sale or disposal must be paid into the Consolidated Account. (11) A licensed dealer or a person approved by the Registrar to whom a surrendered item is transferred under this section must comply with any conditions imposed by the Registrar in relation to the surrendered item. (12) Nothing in this section authorises a person who is not entitled to lawful possession of a surrendered item to have access to the item for the purposes of transferring the item to a licensed dealer or while it is kept by the dealer for sale or disposal under this section. (13) In this section— surrendered item means a firearm, a firearm part, a sound moderator or ammunition surrendered to the Registrar under this Act in circumstances referred to in subsection (2). 63—Forfeiture of firearms etc (1) The Registrar may institute proceedings before a court of summary jurisdiction for forfeiture of a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, that has been seized under this Act or any other law (a seized item). (2) If, in proceedings under subsection (1), a court is satisfied— (a) that possession of a seized item by its owner would not be authorised under this Act or would be 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 (b) that the return of a seized item to its owner would be likely to result in undue danger to life or property; or (c) that the whereabouts of the owner of a seized item has not been, and is not likely to be, ascertained by reasonable inquiry; or (d) that the owner of a seized item has failed to comply with the requirements of this Act in relation to the safe storage or transport of the item or has been guilty of any offence under this Act with respect to the item; or (e) that the return of a seized item to its owner would not be in the public interest; or (f) in the case of a firearm, that— (i) the firearm is mechanically unsafe; or (ii) the firearm is particularly dangerous by reason of its design, construction or any other factor; or (iii) the firearm could easily be converted to an automatic firearm; or (iv) by reason of the firearm's size or any other factor, the firearm could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use, the court may order that the seized item be forfeited to the Crown, or make such other order for the disposal of the item as it thinks appropriate. (3) A seized item may be held under this subsection— (a) until— (i) proceedings are instituted for an order under this section or for an offence in relation to the seized item against the owner of the seized item or a decision is made not to institute such proceedings; or (ii) the expiration of 12 months after the seized item was seized, whichever first occurs; (b) if proceedings of either kind referred to in paragraph (a)(i) are instituted within 12 months after the seized item was seized—until those proceedings are finally determined. 64—General amnesty (1) If a person who has unauthorised possession of a firearm or ammunition, or a firearm part, prohibited firearm accessory, sound moderator or a restricted firearm mechanism, (an unauthorised item) brings the unauthorised item to a police station, or to another location approved by the Registrar, and surrenders it to the Registrar, no action is to be taken against the person in respect of any offence relating to the unauthorised possession of the item by that person. (2) A person who surrenders an unauthorised item under this section (other than a prohibited firearm accessory) may make application to the Registrar for the necessary authority under this Act to acquire, possess or use the item. (3) If a person has not made an application under this Act to obtain the necessary authority to acquire, possess or use the item within 28 days of surrendering the item, the Registrar may sell or otherwise dispose of the item as the Registrar thinks fit. (4) The Registrar must not sell or otherwise dispose of an unauthorised item until all applications made by the person in order to obtain the necessary authority to possess the item under this Act have been finally determined. 65—Disposal of forfeited or surrendered firearms etc (1) The Registrar may sell or otherwise dispose of any firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism forfeited to the Crown under this or any other Act. (2) Subject to this Act and the regulations, the Registrar may sell or otherwise dispose of any firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism surrendered to the Registrar. (3) If a court makes an order confiscating a firearm to the custody of the Registrar but does not make an order as to the manner in which the firearm should be disposed of or dealt with, the Registrar must, subject to a further order of the court or the order of any other court, keep the firearm for 1 year and must then sell or otherwise dispose of it as the Registrar thinks fit. (4) Subject to this Act and the regulations, the proceeds of the sale or disposal of a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, under this section must be paid into the Consolidated Account. (5) If a firearms prohibition order applies to a person and the person surrenders a firearm, a firearm part, a sound moderator or ammunition (a surrendered item) owned by the person to the Registrar, the following provisions apply, subject to the regulations: (a) subject to paragraph (e), the Registrar must retain the surrendered item— (i) in the case of an interim firearms prohibition order—for the period that the order applies to the person; and (ii) in any other case—for the period allowed for an appeal against the order or, if an appeal has been instituted, until the appeal lapses or is finally determined; (b) at the end of the period for which the Registrar is required to retain the surrendered item under paragraph (a)— (i) if the person is subject to a firearms prohibition order, the Registrar must— (A) comply with the requirements of the regulations as to the sale or disposal of the surrendered item; and (B) pay the proceeds of the sale or disposal (if any) to the person; (ii) if the person is not then subject to a firearms prohibition order, the Registrar must make the surrendered item available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the item; (c) if the person ceases to be subject to a firearms prohibition order before the end of the period referred to in paragraph (a)(ii), the Registrar must make the surrendered item available for collection by the person or some other person who satisfies the Registrar that he or she is entitled to lawful possession of the surrendered item; (d) if a surrendered item is made available for collection under this subsection but is not collected within the period allowed by the regulations, the Registrar may sell or otherwise dispose of the surrendered item and, subject to the regulations, pay the proceeds of the sale or disposal into the Consolidated Account; (e) the Registrar may, during the period for which the Registrar would otherwise be required to retain the item— (i) authorise the person to arrange for the transfer of the surrendered item to a licensed dealer or other person approved by the Registrar for sale or disposal; or (ii) authorise the collection of the surrendered item by a person to whom the item has been sold (provided that the Registrar is satisfied that the person is entitled to lawful possession of the item). (6) A surrendered item transferred to a person approved by the Registrar in accordance with subsection (5)(e)(i) must be delivered by the person to a licensed dealer as soon as reasonably practicable. (7) Nothing in subsection (5)(e) authorises a person who is not entitled to lawful possession of the surrendered item to have access to the item for the purposes of transferring it to the licensed dealer or person approved by the Registrar, or while it is kept by the dealer or person for sale or disposal.