Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 37
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
183ZU Effect of filing appeal1
The filing of an appeal against the following does not affect the2
operation of the original decision or order to which the appeal relates:3
(a) the making, amending or varying of a firearm prohibition order;4
(b) a decision about whether information is security sensitive5
information.6
Division 12A.10 Enforcement7
Subdivision 12A.10.1 General8
183ZV Disapplication of pt 149
Part 14 (Enforcement) does not apply to this division, unless10
otherwise stated.11
Subdivision 12A.10.2 Powers of police officers12
183ZW Requirements before certain powers can be exercised13
(1) This section applies to the exercise of any of the following powers by14
a police officer in relation to a person subject to a firearm prohibition15
order:16
(a) searching the person under section 183ZX;17
(b) entering premises without a warrant under section 183ZY;18
(c) entering premises without a warrant under section 183ZZ.19
(2) The police officer must not exercise the power unless satisfied20
exercising the power is reasonably required to determine that the21
person has acquired, possesses or is using a firearm or firearm-related22
item in contravention of the firearm prohibition order.23
Section 14
page 38 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(3) For subsection (2), the police officer must take the following into1
account:2
(a) whether the officer has credible information that suggests the3
person has acquired, possesses or is using a firearm or4
firearm-related item;5
(b) if exercising a power of entry between 9 pm and 6 am into6
premises that are the residence of the person—whether—7
(i) it is necessary to enter the premises at that time; and8
(ii) it is impractical to enter the premises at another time; and9
(iii) another person, including a child, is likely to be present at10
the premises at that time;11
(c) the effect on another person likely to be present during the12
exercise of the power;13
(d) the importance of the person’s privacy and the privacy of any14
other person who may be affected by the exercise of the power;15
(e) the person’s circumstances, to the extent they are known to the16
officer;17
Example18
the person’s housing, employment, health, cultural and social needs19
(f) how often and recently a power mentioned in subsection (1) has20
been used in relation to the person.21
(4) For subsection (2), the police officer may take any other matter into22
account, including the following:23
(a) the person’s criminal history;24
(b) the person’s behaviour;25
(c) the other people with whom the person associates.26
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 39
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(5) The police officer is not required to consider the matter mentioned in1
subsection (3) (f) if—2
(a) the power is intended to be exercised because of unplanned and3
urgent circumstances; and4
(b) it is unreasonable for the officer to obtain the information5
required to take the matter into account.6
183ZX Power to search person and seize things7
(1) A police officer may conduct a frisk search or an ordinary search of8
a person subject to a firearm prohibition order.9
(2) The police officer who conducts the search may stop and detain the10
person being searched for as long as is reasonably necessary to11
conduct the search.12
(3) If practicable, a search must be carried out by a police officer of the13
same sex as the person being searched.14
(4) The police officer who conducts the search must tell the person about15
the search and the reasons for the search.16
(5) The police officer who conducts the search may seize any firearm or17
firearm-related item—18
(a) found on the person or in any thing in the person’s possession;19
or20
(b) that the person has acquired, possesses or is using.21
(6) The police officer may also seize any other thing found on the person22
or in any thing in the person’s possession if satisfied on reasonable23
grounds—24
(a) the thing is connected with an offence against this Act or a25
serious offence; and26
Section 14
page 40 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) the seizure is necessary to prevent the thing from being—1
(i) concealed, lost or destroyed; or2
(ii) used to commit, continue or repeat the offence.3
(7) In this section:4
frisk search means—5
(a) a search of a person conducted by quickly running the hands6
over the person’s outer garments; and7
(b) an examination of anything worn or carried by the person that is8
conveniently and voluntarily removed by the person.9
ordinary search means a search of a person or of the person’s10
personal property that may include—11
(a) requiring the person to remove their overcoat, coat or jacket and12
any gloves, shoes, socks or hat; and13
(b) an examination of those items or personal property.14
personal property, of a person, means things carried by the person or15
things apparently in the immediate control of the person, but does not16
include clothing being worn by the person.17
183ZY Power to enter and search certain premises and seize18
things without warrant19
(1) This section applies in relation to a person subject to a firearm20
prohibition order.21
(2) A police officer may, at any time, enter the following premises:22
(a) any residence, of the person, mentioned in the order;23
(b) if the person is subject to a final order—any other premises24
owned, leased or occupied, by the person, mentioned in the25
order;26
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 41
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(c) a vehicle, vessel or aircraft of which the person is in charge or is1
a passenger, wherever the vehicle, vessel or aircraft is located.2
(3) On entering the premises, the police officer may:3
(a) search the premises; and4
(b) seize any firearm or firearm-related item found at the premises;5
and6
(c) for premises mentioned in subsection (2) (c)—stop and detain7
the vehicle, vessel or aircraft for as long as is reasonably8
necessary to conduct the search and any seizure.9
(4) The police officer may also seize any other thing at the premises if10
satisfied on reasonable grounds—11
(a) the thing is connected with an offence against this Act; and12
(b) the seizure is necessary to prevent the thing from being—13
(i) concealed, lost or destroyed; or14
(ii) used to commit, continue or repeat the offence.15
(5) The police officer may use the force that is reasonably necessary to16
exercise the powers under this section.17
183ZZ Power to enter and search other premises and seize18
things without warrant19
(1) This section applies in relation to a person subject to a firearm20
prohibition order.21
(2) A police officer may, at any time, enter premises not mentioned in22
section 183ZY (2) if the officer believes on reasonable grounds the23
exercise of the power is necessary to prevent the person—24
(a) concealing, losing or destroying a thing connected with an25
offence against this Act; or26
Section 14
page 42 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) committing, continuing or repeating the commission of an1
offence against this Act.2
Note The police officer must also consider that the exercise of power is3
reasonably required to determine that the person has acquired, possesses4
or is using a firearm or firearm-related item in contravention of a firearm5
prohibition order to which the person is subject (see s 183ZW).6
(3) The police officer who enters premises under subsection (2) may7
search the premises and seize any firearm or firearm-related item8
found at the premises.9
(4) The police officer may also seize any other thing found at the10
premises if satisfied on reasonable grounds—11
(a) the thing is connected with an offence against this Act; and12
(b) the seizure is necessary to prevent the thing from being—13
(i) concealed, lost or destroyed; or14
(ii) used to commit, continue or repeat the offence.15
(5) The police officer may use the force that is reasonably necessary to16
exercise the powers under this section.17
183ZZA Notification of intended exercise of power for certain18
powers19
(1) This section applies if a police officer intends to exercise a power20
under section 183ZY or section 183ZZ.21
(2) Before entering premises, or as soon as possible after entering22
premises, a police officer must tell the person subject to the firearm23
prohibition order and any other person present at the premises—24
(a) that the officer intends to carry out a search of the premises; and25
(b) how long the search is intended to take; and26
(c) the reason for exercising the power; and27
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 43
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(d) the provisions of this Act under which the officer is exercising1
the power.2
(3) The police officer must ensure the matters mentioned in3
subsection (2) are communicated in a way that the officer believes the4
person and any other person present is likely to understand.5
(4) If the person is not present at the premises at the time the police6
officer intends to enter the premises, the officer must take reasonable7
steps to tell the person of the entry and search and the matters8
mentioned in subsection (2) as soon as possible after exercising the9
power.10
Subdivision 12A.10.3 Warrants11
183ZZB Warrant required for entry to other premises12
(1) A police officer may apply to a magistrate for a warrant to enter13
premises not mentioned in section 183ZY (2).14
(2) The application must be sworn and state the grounds on which the15
warrant is sought.16
(3) The magistrate may refuse to consider the application until the police17
officer gives the magistrate all the information the magistrate requires18
about the application in the way the magistrate requires.19
(4) The magistrate may issue a warrant only if satisfied it is reasonably20
required to determine if a person subject to a firearm prohibition order21
has acquired, possesses or is using a firearm or firearm-related item22
in contravention of the order.23
(5) The magistrate must take the following into account in considering24
whether the issue of the warrant is reasonably required:25
(a) there is credible information that suggests the person has26
acquired, possesses or is using a firearm or firearm-related item;27
Section 14
page 44 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) if the police officer is applying for a warrant to enter premises1
that are the residence of another person between 9 pm and 62
am—whether—3
(i) it is necessary to execute the warrant at that time; and4
(ii) it is impractical to execute the warrant at another time; and5
(iii) someone else, including a child, is likely to be present at6
the premises at that time;7
(c) the effect on another person likely to be present during the8
execution of the warrant;9
(d) the importance of the person’s privacy and the privacy of any10
other person who may be affected by the execution of the11
warrant;12
(e) the person’s circumstances, to the extent they are known to the13
magistrate;14
Example15
the person’s housing, employment, health, cultural and social needs16
(f) how often and recently a power mentioned in this division has17
been used in relation to the person.18
(6) The magistrate may take any other matter into account when19
considering whether the issue of the warrant is reasonably required,20
including the following:21
(a) the person’s criminal history;22
(b) the person’s behaviour;23
(c) the other people with whom the person associates.24
(7) The warrant must state—25
(a) that a police officer may, with any necessary assistance and26
force, enter stated premises and exercise the officer’s powers27
under this division; and28
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 45
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) the reason for which the warrant is issued; and1
(c) the things that may be seized under the warrant; and2
(d) the hours when the premises may be entered; and3
(e) the date, within 7 days after the day of the warrant’s issue, the4
warrant ends.5
183ZZC Application for warrant in urgent or special6
circumstances7
(1) A police officer may apply to a magistrate for a warrant to enter8
premises not mentioned in section 183ZY (2) by telephone, fax or9
other electronic means if the officer considers it necessary because10
of—11
(a) urgent circumstances; or12
(b) other special circumstances.13
(2) The application must state the grounds on which the warrant is14
sought.15
(3) The police officer may apply for the warrant before the application is16
sworn.17
(4) If the magistrate issues the warrant, the magistrate must, if18
practicable, immediately provide a written copy to the police officer.19
(5) If it is not practicable to provide a written copy of the warrant to the20
police officer—21
(a) the magistrate must tell the officer—22
(i) the date and time the warrant was issued; and23
(ii) the warrant’s terms; and24
Section 14
page 46 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) the officer must complete a form of warrant (the warrant form)1
and write on it—2
(i) the magistrate’s name; and3
(ii) the date and time the magistrate issued the warrant; and4
(iii) the warrant’s terms.5
(6) The written copy of the warrant, or the warrant form properly6
completed by the police officer, authorises the entry and exercise of7
the officer’s powers under the warrant.8
(7) The police officer must, at the first reasonable opportunity, send to9
the magistrate—10
(a) the sworn application; and11
(b) if the officer completed a warrant form—the completed warrant12
form.13
(8) On receiving the documents, the magistrate must attach them to the14
warrant.15
(9) A court must find that a power exercised by a police officer was not16
authorised by a warrant under this section if—17
(a) the question arises in a proceeding in the court whether the18
exercise of power was authorised by a warrant; and19
(b) the warrant is not produced in evidence; and20
(c) it is not proved that the exercise of power was authorised by a21
warrant under this section.22
183ZZD Requirements in executing warrant23
Division 14.3, other than section 211 and section 212, applies in24
relation to the execution of a warrant issued under section 183ZZB or25
section 183ZZC as if the warrant were issued under section 211 or26
section 212.27
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 47
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
183ZZE Execution of warrant at premises1
(1) A police officer who enters premises in accordance with a warrant2
issued under section 183ZZB or section 183ZZC may search the3
premises and seize any firearm or firearm-related item found at the4
premises.5
(2) The police officer may also seize any other thing found at the6
premises if satisfied on reasonable grounds—7
(a) the thing is connected with an offence against this Act; and8
(b) the seizure is necessary to prevent the thing from being—9
(i) concealed, lost or destroyed; or10
(ii) used to commit, continue or repeat the offence.11
Subdivision 12A.10.4 Seizure of things12
183ZZF Seizure of things13
(1) A police officer who seizes a thing under this division may—14
(a) remove the thing from the premises where it was seized15
(the place of seizure) to another place; or16
(b) leave the thing at the place of seizure but restrict access to it.17
(2) A person commits an offence if—18
(a) the person interferes with a seized thing, or anything containing19
a seized thing, to which access has been restricted under20
subsection (1); and21
(b) the person knows access to the seized thing has been restricted;22
and23
(c) the person does not have a police officer’s approval to interfere24
with the thing.25
Maximum penalty: 50 penalty units.26