Part 8Firearms prohibition orders

Part 8—Firearms prohibition orders 43—Interim firearms prohibition order issued by police officer (1) Subject to subsection (2), a police officer may issue an interim firearms prohibition order against a person if the police officer suspects on reasonable grounds that— (a) possession of a firearm by the person would be likely to result in undue danger to life or property; or (b) the person is not a fit and proper person to possess a firearm. (2) If the police officer issuing the order is not of or above the rank of sergeant, the officer must, before issuing the order, obtain the authorisation (either orally or in writing) of a police officer of or above that rank. (3) An interim firearms prohibition order must be in a form approved by the Registrar. (4) For the purposes of this Act, an interim firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person. (5) If a police officer proposes to issue an interim firearms prohibition order against a person— (a) the officer may require the person to— (i) remain at a particular place while the order is prepared and issued so that the order may be served on the person; or (ii) accompany the officer to the nearest police station for the order to be served; and (b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, the officer may arrest and detain the person in custody (without warrant) for— (i) so long as may be necessary for the order to be served on the person; or (ii) 2 hours, whichever is the lesser. (6) If a person accompanies a police officer to a police station in accordance with a requirement under subsection (5)(a)(ii), a police officer must ensure that the person is returned to the place at which the requirement was made, or taken to a place that is near to that place, unless to do so would be against the person's wishes or there is other good reason for not so doing. (7) A person against whom an interim firearms prohibition order is issued must give the Registrar written notice of an address for service. (8) An interim firearms prohibition order expires 28 days after the Registrar is given written notice of the person's address for service. (9) The Registrar may, on his or her own initiative, revoke an interim firearms prohibition order by written notice served personally or by post on the person against whom it is issued. 44—Firearms prohibition order issued by Registrar (1) The Registrar may issue a firearms prohibition order against a person if the Registrar is satisfied— (a) that— (i) possession of a firearm by the person would be likely to result in undue danger to life or property; or (ii) the person is not a fit and proper person to possess a firearm, and that it is in the public interest that a firearms prohibition order should apply to the person; or (b) that the person— (i) is a member of, or a participant in, a criminal organisation; or (ii) has been a member of an organisation that, at the time the order is issued, is a criminal organisation; or (iii) is the subject of a control order under the Serious and Organised Crime (Control) Act 2008. (2) For the purposes of this Act, a firearms prohibition order applies to a person as soon as it is issued against the person, but the order only comes into force against the person when it is served personally on the person. (3) A firearms prohibition order will be taken to be served personally on a person against whom an interim firearms prohibition order is in force if it is served by registered post on the person at the address for service notified to the Registrar by the person under section 43. (4) If a police officer has reason to believe that a firearms prohibition order applies to a person, but the order has not been served on the person, the officer may— (a) require the person to— (i) remain at a particular place for— (A) so long as may be necessary for the order to be served on the person; or (B) 2 hours, whichever is the lesser; or (ii) accompany the officer to the nearest police station for the order to be served; and (b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a)(i). (5) If a person accompanies a police officer to a police station in accordance with a requirement under subsection (4)(a)(ii), a police officer must ensure that the person is returned to the place at which the requirement was made, or taken to a place that is near to that place, unless to do so would be against the person's wishes or there is other good reason for not so doing. (6) A firearms prohibition order served on a person must be accompanied by a notice setting out the Registrar's reasons for issuing the order. (7) If the decision to issue the order was made because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds. (8) If a person against whom a firearms prohibition order is issued has not already done so, the person must, at the request of the Registrar or a police officer, notify the Registrar or officer of an address for service within 48 hours of the request. Maximum penalty: $10 000. (9) The Registrar may, on his or her own initiative or on application, revoke a firearms prohibition order by written notice served personally or by post on the person against whom it is issued. (10) For the purposes of this section, a person is presumed, in the absence of proof to the contrary, to be a member of a criminal organisation at a particular time if the person is, at that time, displaying (whether on an article of clothing, as a tattoo or otherwise) the insignia of that organisation. 45—Effect of firearms prohibition order (1) While a firearms prohibition order is in force against a person, any licence or permit under this Act held by the person is suspended. (2) A person against whom a firearms prohibition order is in force must not acquire, possess or use a firearm, a firearm part, a sound moderator or ammunition. (a) in the case of a firearm—$75 000 or imprisonment for 15 years; (b) in the case of a firearm part, a sound moderator or ammunition—$35 000 or imprisonment for 7 years. (3) If a firearms prohibition order comes into force against a person, the person must immediately surrender to the Registrar all firearms, firearm parts, sound moderators and ammunition owned by or in the possession of the person. (4) A person against whom a firearms prohibition order is in force— (a) must not be present at— (i) the grounds of a firearms club or paint-ball operator or the range of a commercial range operator; or (ii) a shooting gallery; or (iii) an arms fair; or (iv) a place at which a person carries on the business of repairing, modifying or testing firearms, firearm parts or ammunition or buying, selling or hiring out, firearms, firearm parts or ammunition; or (v) a place at which a person manufactures a firearm, firearm part or sound moderator; or (vi) a place at which a person carries on the business of refurbishing firearms; or (vii) any other place of a kind prescribed by the regulations; and (b) must not become, or remain, a member of a firearms club; and (c) must not be in the company of a person who has physical possession or control of a firearm. Maximum penalty: $50 000 or imprisonment for 10 years. (5) It is a defence to a charge of an offence under subsection (4)(c) to prove that the person did not know, and could not reasonably be expected to have known, that the other person had physical possession or control of a firearm. (6) A person against whom a firearms prohibition order is in force must not be present or reside at premises on which there is a firearm, a firearm part, a sound moderator or ammunition. (7) It is a defence to a charge of an offence under subsection (6) to prove that the person did not know, and could not reasonably be expected to have known, that the firearm, firearm part, sound moderator or ammunition was on the premises. (8) A person against whom a firearms prohibition order is in force must inform each other person of or over the age of 18 years who resides or proposes to reside at the same premises as the person of the fact that a firearms prohibition order is in force against the person and ask each such person whether or not he or she has or proposes to have a firearm, a firearm part, a sound moderator or ammunition on the premises. (9) A person must not supply a firearm, a firearm part, a sound moderator or ammunition to a person to whom a firearms prohibition order applies or permit such a person to gain possession of a firearm, a firearm part, a sound moderator or ammunition. (a) in the case of a firearm—$75 000 or imprisonment for 15 years; (b) in the case of a firearm part, a sound moderator or ammunition—$35 000 or imprisonment for 7 years. (10) A person who has physical possession or control of a firearm must not be in the company of a person to whom a firearms prohibition order applies. (11) If a person to whom a firearms prohibition order applies resides at premises, a person who brings a firearm, a firearm part, a sound moderator or ammunition onto the premises or has possession of a firearm, a firearm part, a sound moderator or ammunition on the premises is guilty of an offence. (12) It is a defence to a charge of an offence under subsection (9), (10) or (11) to prove that the person did not know, and could not reasonably be expected to have known, that a firearms prohibition order applies to the person. (13) A police officer may require a person who the police officer suspects on reasonable grounds is a person against whom a firearms prohibition order is in force— (a) to state his or her full name, address and date of birth; and (b) to state the full names of the persons with whom he or she resides. (14) A person is guilty of an offence if the person fails or refuses, without reasonable excuse, to comply with a requirement under subsection (13). Maximum penalty: $10 000 or imprisonment for 2 years. (15) A person against whom a firearms prohibition order is in force must, within 7 days, give the Registrar written notice, in a form approved by the Registrar, of a change of his or her address. Maximum penalty: $10 000. (16) For the purposes of this section— (a) if a person to whom a firearms prohibition order applies— (i) is on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) when a firearm, a firearm part, a sound moderator or ammunition (a relevant item) is on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft; or (ii) was on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) immediately before a relevant item was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft, the person will be taken to possess the relevant item unless it is proved that the person did not know, and could not reasonably be expected to have known, that the relevant item was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft; and (b) a person will be taken to acquire a firearm if— (i) the person knowingly takes, or participates in, any step, or causes any step to be taken, in the process of acquisition of the firearm; or (ii) the person knowingly provides or arranges finance for any step in that process; or (iii) the person knowingly provides the premises in which any step in that process is taken, or allows any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management; and (c) a person will be taken to supply a firearm if— (i) the person knowingly takes, or participates in, any step, or causes any step to be taken, in the process of supply of the firearm; or (ii) the person knowingly provides or arranges finance for any step in that process; or (iii) the person knowingly provides the premises in which any step in that process is taken, or allows any step in that process to be taken in premises of which the person is an owner, lessee or occupier or of which the person has care, control or management. (17) The Registrar may exempt a person, unconditionally or subject to conditions, from a specified provision of this section and may vary or revoke an exemption by notice in writing served personally or by registered post on the holder of the exemption.