36Seizure and forfeiture of guns and other weapons

36 Seizure and forfeiture of guns and other weapons S. 36(1) amended by Nos 37/2014 s. 10(Sch. item 115.2), 47/2025 s. 102(1). (1) An authorized officer or a police officer may in a park seize a gun or other weapon unless the gun or other weapon is in the possession of a person authorized under this or another Act to use carry or have in the person's possession in the park the gun or other weapon. (2) Where a gun or other weapon is seized pursuant to subsection (1) and an action is brought against the person in possession of that gun or other weapon and that person is convicted of an offence of using that gun or other weapon in a park in contravention of this Act that gun or other weapon is forfeited to the Crown and shall be disposed of as the Minister directs. S. 36(3) amended by No. 66/1996 s. 205. (3) In any other case where a gun or other weapon is seized pursuant to subsection (1) and a court convicts a person of any offence in respect of which the seizure was made the court may authorize the return of the gun to the person convicted or to the owner (as the case requires) but where the person convicted is proved to have been previously convicted of an offence relating to the use carrying or possession of a gun or other weapon in a park or relating to the use of a gun in contravention of the **Wildlife Act 1975** or of an offence under the **Firearms Act 1996** the court shall order the forfeiture of the gun to the Crown and it shall be disposed of as the Minister directs. (4) Where— (a) a gun or other weapon is seized under this section; and (b) no action is taken under this Act against the person from whom the gun or other weapon was seized within six months of the date upon which it was seized; and S. 36(4)(c) amended by No. 47/2025 s. 102(2). (c) at the expiry of the six-month period referred to in paragraph (b), the person from whom the gun or other weapon was seized is duly notified in writing sent by post to the person's last known address that no action has been taken under this Act and that the person may claim the gun or other weapon; and (d) the gun or other weapon is not claimed within twelve months of the date on which the notice was posted— the gun or other weapon shall be disposed of as the Minister directs. S. 36(5) amended by No. 9861 s. 3(1). (5) Where any gun or other weapon is disposed of by sale pursuant to this section the proceeds of sale shall be paid into the Consolidated Fund. S. 37 (Heading) inserted by No. 19/2018 s. 208(1), amended by No. 42/2021 s. 132(1). S. 37 amended by No. 9247 s. 6(a). 37 Parks Victoria or the Great Ocean Road Coast and Parks Authority may consent to certain guns or other weapons being carried or used S. 37(1) amended by Nos 70/1998 s. 14(Sch. item 35), 19/2018 s. 208(2), 42/2021 s. 132(2). (1) Parks Victoria or the Great Ocean Road Coast and Parks Authority may by instrument in writing authorize an authorized officer or another person to use carry or have in the authorized officer's or another person's possession a gun or other weapon in a specified park for such purposes, at such times and on such conditions as Parks Victoria or the Great Ocean Road Coast and Parks Authority specifies. S. 37(2) inserted by No. 9247 s. 6(b), amended by Nos 10166 s. 16(a)(b), 38/1989 s. 18(3)(l), 43/1990 s. 16(3), 7/1997 s. 11(1)(a)(b), 70/1998 s. 14(Sch. item 35), 50/2002 s. 9(a)–(c), 7/2012 s. 5(1), 19/2018 s. 208(3). (2) Notwithstanding anything contained in subsection (1) Parks Victoria may— (a) grant a permit to any person or persons named therein; or to carry or use any firearms or other weapons or class or classes of firearms or other weapons in the parks or in parts of the parks described in the specified areas of Part 37 of Schedule Two or in Parts 38 and 39 of Schedule Two B or Parts 2A, 3, 6 and 8 of Schedule Three or Parts 4 and 5 of Schedule Four for such period or periods as are specified and subject to such conditions and restrictions as are specified in the permit or notice. S. 37(3) inserted by No. 9247 s. 6(b), substituted by No. 9570 s. 9, amended by Nos 44/1986 s. 12, 37/1989 s. 8(b), 38/1989 s. 18(3)(m), 40/1992 s. 8(b), 57/1995 s. 40(a)(i)–(iii), 7/1997 s. 11(2)(a)(b), 70/1998 s. 14(Sch. item 35), 90/2009 s. 8(1), 19/2018 s. 208(3), 47/2025 s. 75(1). (3) Notwithstanding anything contained in subsections (1) and (2) Parks Victoria may— (a) grant a permit to any person or persons named therein; or to carry and use any firearms or other weapons or class or classes of firearms or other weapons in the course of hunting deer by stalking in the parks described in Parts 7 and 8 and the specified areas of Parts 27, 29, 36 and 37 of Schedule Two and Part 2 of Schedule Two A, Part 12 of Schedule Three and Parts 4 and 5 of Schedule Four or in such part or parts of the parks for such period or periods and subject to such conditions and restrictions as are specified in the permit or notice. S. 37(4) inserted by No. 9570 s. 9, amended by Nos 70/1998 s. 14(Sch. item 35), 19/2018 s. 208(4). (4) Parks Victoria may revoke a permit granted under subsection (3) by notice in writing given to the person or persons named in the permit or sent to them at their address or addresses notified in the permit. S. 37(5) inserted by No. 9570 s. 9, amended by Nos 70/1998 s. 14(Sch. item 35), 19/2018 s. 208(4). (5) Parks Victoria may revoke amend or alter any authority given pursuant to paragraph (b) of subsection (2) or paragraph (b) of subsection (3) by a notice published in the Government Gazette. S. 37(6) inserted by No. 9570 s. 9, amended by Nos 44/1986 s. 12, 38/1989 s. 18(3)(n), 43/1990 s. 16(4), 40/1992 s. 8(c), 57/1995 s. 40(b), 7/1997 s. 11(3)(a)–(c), 90/2009 s. 8(2). (6) The Governor in Council may make such regulations as are necessary or convenient to regulate hunting in the parks described in Parts 7 and 8 and the specified areas of Parts 27 and 37 of Schedule Two and Part 2 of Schedule Two A and Part 10 of Schedule Two B and Parts 2A, 3, 6 and 8 of Schedule Three and Parts 4 and 5 of Schedule Four. S. 37(7) inserted by No. 37/1989 s. 8(d), amended by Nos 40/1992 s. 5(1)(a)(b), 46/1998 (7) In subsection (2), ***specified areas*** means those areas of Part 37 of Schedule Two marked A1 and shown by dark shading or vertical hatching or marked A6/A6A or A8 and shown by light shading on the plan lodged in the Central Plan Office and numbered N.P. 70/1f. S. 37(7A) inserted by No. 57/1995 s. 40(c). (7A) In subsections (3) and (6), ***specified areas***, in relation to the park described in Part 27 of Schedule Two, means that part of the park described in Part 27 of Schedule Two east of the Thomson Valley Road. S. 37(7B) inserted by No. 47/2025 s. 75(2). (7B) In subsection (3), ***specified areas***, in relation to the park described in Part 29 of Schedule Two, means the part of the park east of the left bank of the Snowy River (looking downstream), excluding any reference area proclaimed under the **Reference Areas Act 1978**, and including the McKillops Bridge camping area, shown delineated and hatched on the plan lodged in the Central Plan Office and numbered N.P. 31A. S. 37(7C) inserted by No. 47/2025 s. 75(2). (7C) In subsection (3), ***specified areas***, in relation to the park described in Part 36 of Schedule Two, means the park excluding any reference area proclaimed under the **Reference Areas Act 1978**. S. 37(8) inserted by No. 37/1989 s. 8(d), amended by Nos 40/1992 s. 5(2)(a)–(f), 57/1995 s. 40(d), 46/1998 s. 7(Sch. 1), 50/2000 s. 7(a)(b), 7/2012 s. 5(2). (8) In subsections (3) and (6), ***specified areas***, in relation to the park described in Part 37 of Schedule Two, means those areas of Part 37 of Schedule Two marked A1 and shown by dark shading or vertical hatching, marked A6/A6A, A7, A7A, A8, A9, A10, A11, A12 and A19 and shown by light shading or marked A13 and A13A and shown by light shading or cross hatching, marked A14 and shown by light shading or open circle pattern, marked A20 and shown by light shading, herringbone pattern, diagonal hatching or open circle pattern or marked A21 and shown by light shading or open circle pattern or marked WONG. and shown by hatching on the plan lodged in the Central Plan Office and numbered N.P. 70/4f and shown bordered red or coloured yellow on the plan lodged in the Central Plan Office and numbered N.P. 70/1m and such other areas of Part 37 as may be specified in a management plan for the park described in that part but excluding any areas under the **Reference Areas Act 1978**. S. 37(9) inserted by No. 37/1989 s. 8(d), amended by No. 57/1995 s. 40(e). (9) A person who does not comply with the conditions specified in a notice given under subsection (3)(b) is guilty of an offence and liable to a penalty not exceeding 20 penalty units. S. 37AA (Heading) inserted by No. 19/2018 s. 209(1), amended by No. 42/2021 s. 133(1). S. 37AA inserted by No. 57/1995 s. 41. 37AA Parks Victoria or Great Ocean Road Coast and Parks Authority may consent to weapons other than guns being carried through parks S. 37AA(1) amended by Nos 70/1998 s. 14(Sch. item 36), 19/2018 s. 209(2), 42/2021 s. 133(2). (1) Notwithstanding anything in section 37, Parks Victoria or the Great Ocean Road Coast and Parks Authority may, by notice published in the Government Gazette, authorise that any weapon or class of weapons, other than firearms, may be carried by or be in the possession of any person in the park specified in the notice. (2) An authorisation under subsection (1) is— (a) for the period; and (b) subject to the conditions and restrictions (if any)— specified in the notice. S. 37A (Heading) inserted by No. 19/2018 s. 210(1). S. 37A inserted by No. 10166 s. 17(1). 37A Parks Victoria may cause to be erected signs to indicate parks S. 37A(1) amended by Nos 44/1989 s. 41(Sch. 2 item 29.4(a)), 19/2018 s. 210(2), 49/2019 s. 186(Sch. 4 item 31.3). (1) Parks Victoria may with the consent of the Head, Transport for Victoria— (a) cause to be erected or placed upon or across a road— (i) any structure or sign to indicate an entrance to the park which is adjacent to the road or entered from the road; (ii) in the vicinity of any such structure or sign a building or other structure for use as shelter by and office accommodation for persons carrying out functions referred to in subsections (2) and (3); (iii) any notice sign light or other device to notify users of the road that they are approaching an entrance to the park adjacent to the road, or entered from the road; (b) carry out minor roadworks, construct entrance stations, install speed humps and erect signs on a road to facilitate the collection of fees for entry to the park which is adjacent to or entered from the road; S. 37A(1)(c) amended by Nos 44/1989 s. 41(Sch. 2 item 29.4(b)), 49/2019 s. 186(Sch. 4 item 31.3). (c) after consultation with the Head, Transport for Victoria, erect on a road traffic control signals at fee collection points. (2) Any tolls or fees or charges payable— (a) for entry into the park which is adjacent to or entered from a road; (b) for any permit or authority under the Act in relation to the park which is adjacent to or entered from a road— may be collected by an authorized officer in respect of the park from persons passing any structure or sign erected under subsection (1). S. 37A(3) amended by Nos 70/1998 s. 14(Sch. item 37), 19/2018 s. 210(3). (3) Where any fee or charge payable in respect of a permit or authority which may be granted by Parks Victoria pursuant to section 21 has been paid, an authorized officer may issue the permit or authority to the person to whom the permit or authority is granted and who passes any structure or sign erected under subsection (1). (4) Sections 36, 37 and 44 of the Act shall apply to a road specified under subsection (5) as if the road formed part of the park which is adjacent to or entered from the road. (5) This section shall apply to— S. 37A(5)(a) amended by No. 12/2004 s. 165(2). (a) a road that is— S. 37A(5)(a)(i) amended by No. 43/2012 s. 3(Sch. item 34.3). (i) the Wilsons Promontory Road; (ii) the Mount Buffalo Road— as respectively declared to be an arterial road within the meaning of the **Road Management Act 2004**; S. 37A(5)(b) amended by No. 12/2004 s. 165(3). (b) a road or part of a road that is an arterial road within the meaning of the **Road Management Act 2004**— S. 37A(5)(b)(i) amended by No. 38/1989 s. 35(c). (i) that— (A) is bounded on each side by a park and terminates in the park; or (B) leads into and terminates in a park; and S. 37A(5)(b)(ii) amended by Nos 44/1989 s. 41(Sch. 2 item 29.4(a)), 49/2019 s. 186(Sch. 4 item 31.3). (ii) has by notice in the Government Gazette been declared by the Head, Transport for Victoria to be a road or part of a road to which this section or a provision of this section shall apply; and S. 37A(5)(c) amended by No. 12/2004 s. 165(3). (c) a road or part of a road that is not an arterial road within the meaning of the **Road Management Act 2004** that— (i) is bounded on each side by a park or leads into a park; and (ii) has by notice in the Government Gazette been declared by the council of the municipality responsible for maintaining the road to be a road or part of a road to which this section or a provision of this section shall apply. (6) For the purposes of subsection (5) a road shall be treated as terminating in a park notwithstanding that the road is set out on a plan in Schedule Two or Three as a road which continues through the park if the road is not open and kept open to the public for public use and public traffic free from obstructions (other than temporary obstructions) so that a vehicle may pass through the park on the road. No. 8083 s. 24. S. 38 amended by No. 40/2002 s. 9 (ILA s. 39B(1)). 38 Authorised officer may demand name etc. S. 38(1) amended by No. 19/2018 s. 211(1). (1) An authorised officer may— S. 38(1)(a) amended by No. 19/2018 s. 211(2). (a) if the authorised officer believes on reasonable grounds that a person has contravened or is contravening this Act or the regulations, request the person to state the person's name and address; S. 38(1)(b) amended by Nos 9114 s. 17(a), 19/2018 s. 211(3). (b) if the authorised officer believes on reasonable grounds that a person in a park is contravening this Act or the regulations, request the person to leave the park; S. 38(1)(c) amended by Nos 9114 s. 17(b), 19/2018 s. 211(4). (c) if the authorised officer believes on reasonable grounds that a person in a park is doing or intends to do anything in respect of which a licence permit or other authority is required under this or any other Act or enactment, request that person to produce for inspection the licence, permit or other authority; and S. 38(1)(d) inserted by No. 9114 s. 17(c), amended by Nos 10166 s. 17(3)(a)(b), 57/1995 s. 11, 19/2018 s. 211(4). (d) if the authorised officer is carrying out any functions referred to in subsection (2) or (3) of section 37A and believes on reasonable grounds that a person passing a sign or structure erected pursuant to that section intends to do in the park which is adjacent to or entered from the road anything for which a licence permit or other authority is required under this or any other Act or enactment, request the person to produce for inspection the licence permit or authority; and S. 38(1)(e) inserted by No. 57/1995 s. 11, amended by No. 19/2018 s. 211(5). (e) if the authorised officer believes on reasonable grounds that a person in a park is acting in a manner which has damaged or polluted or poses a threat of damaging or polluting a designated water supply catchment area, direct that person to stop so acting and to rectify any damage the person has caused. S. 38(2) inserted by No. 40/2002 s. 9. (2) An authorised officer may direct any person who is in a marine national park or a marine sanctuary to cease engaging in an activity in the park, if, in the opinion of the authorised officer, the activity in which the person is engaging contravenes this Act, regulations made under this Act or a permit issued under this Act. S. 38AA inserted by No. 40/2002 s. 10. 38AA Production of identification S. 38AA(1) amended by No. 47/2025 s. 103. (1) An authorised officer must produce the authorised officer's identification for inspection, if asked to do so— (a) before exercising the authorised officer's power under section 38(2); and (b) at any time during the exercise of any such power under section 38(2)— unless the request is unreasonable in the circumstances. S. 38AA(2) amended by Nos 19/2018 s. 212, 42/2021 s. 134. (2) In this section, ***identification***, in relation to an authorised officer, means a document that— (a) sets out the name of the authorised officer; and (b) contains a photograph of the authorised officer; and (c) indicates the fact that the person named in the document is authorised— and that is in a form approved by the Secretary, for authorised officers appointed by the Secretary, and in a form approved by Parks Victoria, for authorised officers appointed by Parks Victoria, and that is in a form approved by the Great Ocean Road Coast and Parks Authority, for authorised officers appointed by the Great Ocean Road Coast and Parks Authority. S. 38A inserted by No. 57/1995 s. 12.