Part 12Powers of court

Part 12—Powers of court 66—Powers of court (1) If a court finds a person guilty of an offence under this or any other Act and the court finds that a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, was involved in the commission of the offence, the court may make 1 or more of the following orders: (a) that the firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism be forfeited to the Crown or be disposed of in such other manner as the court directs; (b) that a licence held by the person is subject to specified conditions; (c) that a licence held by the person is suspended for a specified period or until further order; (d) that a licence held by the person is cancelled; (e) that the person is disqualified from holding or obtaining a licence for a specified period or until further order; (f) that the person is subject to a firearms prohibition order until further order. (2) If, in the course of proceedings before a court, the court forms the view that a party to the proceedings who has possession of a firearm or ammunition, or a firearm part, sound moderator or restricted firearm mechanism, is not a fit and proper person to have possession of the firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism, the court may make 1 or more of the following orders: (a) that the firearm, ammunition, firearm part, sound moderator or restricted firearm mechanism be disposed of in such manner as the court directs; (b) that a licence held by the party is subject to specified conditions; (c) that a licence held by the party is suspended for a specified period or until further order; (d) that a licence held by the party is cancelled; (e) that the party is disqualified from holding or obtaining a licence for a specified period or until further order; (f) that the party is subject to a firearms prohibition order until further order. (3) If a court makes an order that a person is subject to a firearms prohibition order— (a) the order operates as a firearms prohibition order in force against the person under Part 8; and (b) the court may exercise the powers of the Registrar under section 45(17) to grant an exemption from specified provisions of that section. (4) If a court makes an order under this section, the Registrar of the court must notify the Registrar of Firearms of the details of the order. (5) If a court makes an order that a licence held by a person is suspended or cancelled, the person must surrender to the Registrar all firearms, ammunition, firearm parts and sound moderators owned by or in the possession of the person within 7 days of the making of the order or as otherwise directed by the court. (b) in the case of a firearm part, sound moderator or ammunition—$20 000 or imprisonment for 4 years. (6) For the purposes of subsection (1), a declaration by a court under Part 8A of the Criminal Law Consolidation Act 1935 that a person is liable to supervision in relation to an offence will be taken to be a finding by the court that the person is guilty of the offence. 66A—Cumulative sentences of imprisonment for certain offences (1) If a person is convicted by a court of an offence against section 9 and an offence against section 31(1), the court must make any sentences of imprisonment imposed for the 2 offences cumulative unless the court is satisfied that special reasons exist for not doing so. (2) If a person is convicted by a court of an offence against section 22(2)(a) and an offence against section 31(4), the court must make any sentences of imprisonment imposed for the 2 offences cumulative unless the court is satisfied that special reasons exist for not doing so.