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Firearms Act 2015
Part 12Powers of court
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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.