QLDIn ForceAct
Fossicking Act 1994
sec.91Power to seize weapons etc.
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### sec.91 Power to seize weapons etc.
This section applies if a person brings a weapon or explosive onto designated fossicking land or a fossicking area.
An authorised officer may require a person using, about to use, or in possession of a weapon or explosive on designated fossicking land or a fossicking area—
to remove the weapon or explosive from the land or area; or
to surrender the weapon or explosive to the officer.
A person must not contravene a requirement under subsection (2) , unless the person has a reasonable excuse for not complying with it.
Maximum penalty—20 penalty units.
If the person surrenders the weapon or explosive to the authorised officer, the authorised officer must—
notify a police officer of the surrender to the authorised officer of the weapon or explosive; and
either—
keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or
if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .
An authorised officer does not, by merely keeping a weapon or explosive under this section, contravene the Weapons Act 1990 .
s 91 amd 2000 No. 5 s 373 sch 3
(sec.91-ssec.1) This section applies if a person brings a weapon or explosive onto designated fossicking land or a fossicking area.
(sec.91-ssec.2) An authorised officer may require a person using, about to use, or in possession of a weapon or explosive on designated fossicking land or a fossicking area— to remove the weapon or explosive from the land or area; or to surrender the weapon or explosive to the officer.
(sec.91-ssec.3) A person must not contravene a requirement under subsection (2) , unless the person has a reasonable excuse for not complying with it. Maximum penalty—20 penalty units.
(sec.91-ssec.4) If the person surrenders the weapon or explosive to the authorised officer, the authorised officer must— notify a police officer of the surrender to the authorised officer of the weapon or explosive; and either— keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .
(sec.91-ssec.5) An authorised officer does not, by merely keeping a weapon or explosive under this section, contravene the Weapons Act 1990 .
- (a) to remove the weapon or explosive from the land or area; or
- (b) to surrender the weapon or explosive to the officer.
- (a) notify a police officer of the surrender to the authorised officer of the weapon or explosive; and
- (b) either— (i) keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or (ii) if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .
- (i) keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or
- (ii) if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .
- (i) keep the weapon or explosive until the owner of the weapon or explosive leaves the land or area; or
- (ii) if required by the police officer, give it to the police officer to be dealt with under the Police Powers and Responsibilities Act 2000 .