115Surrender of firearms and weapons

115 Surrender of firearms and weapons S. 115(1)(a) substituted by No. 77/2013 s. 33(1). (a) either— (i) a personal safety intervention order has been made against a person or a police officer is satisfied, on the balance of probabilities, that there are grounds under section 35(1)(a) or 61(1)(a) for making an order against a person; or (ii) a police officer intends to serve, or has served, on a person an interstate order or an application for an interstate order made against the person; and (b) the police officer is aware the person has a firearm, a firearms authority, ammunition or a weapon in the person's possession. S. 115(2) amended by No. 77/2013 s. 33(2). (2) Subject to section 116A, the police officer may— (a) direct the person to immediately surrender the firearm, firearms authority, ammunition or weapon to the police officer; or (b) by written notice served on the person, direct the person to surrender the firearm, firearms authority, ammunition or weapon to a police officer at a specified place within a specified time or, if no time is specified, within 48 hours after the direction is given to the person. (3) A direction under subsection (2) must include the prescribed particulars. (4) A person given a direction under subsection (2) must not, without lawful excuse, fail to comply with the direction. 1. In the case of a failure to comply with a direction to surrender a firearm, 60 penalty units; In the case of a failure to comply with a direction to surrender a firearms authority, ammunition or a weapon, 30 penalty units.