QLDIn ForceAct
Weapons Act 1990
sec.137Notice to dispose
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### sec.137 Notice to dispose
If, after considering the accepted representations, the authorised officer is not satisfied that the licensee has complied with a participation condition, the authorised officer may, by written notice ( notice to dispose ) given to the licensee, require the licensee to dispose of a particular category H weapon or class of category H weapon within 3 months after the date of the notice.
If the authorised officer is satisfied that the licensee’s failure to comply with a participation condition was for reasons outside the licensee’s control, the authorised officer may, under section 133 (7) , decide the number of times the licensee was required to use the weapon to satisfy the participation condition.
The licensee must dispose of the weapon within 3 months after the date of the notice to dispose—
to a person lawfully acquiring the weapon under a permit to acquire; or
by delivering the weapon to a licensed dealer; or
by delivering the weapon to a licensed armourer; or
by surrendering the weapon to a police officer under arrangements made for the surrender.
The licensee may acquire a weapon delivered to a licensed dealer or licensed armourer under this section only if the licensee has a current permit to acquire the weapon issued after the weapon was delivered to the dealer or armourer.
Maximum penalty—100 penalty units or 2 years imprisonment.
The licensee must provide evidence of the disposal to an authorised officer within 4 months after the date of the notice to dispose.
Maximum penalty—60 penalty units.
If a weapon is surrendered to a police officer under this section—
on the surrender, the weapon is State property; and
no compensation is payable for the weapon.
s 137 prev s 137 om 2000 No. 5 s 461 sch 3
pres s 137 ins 2003 No. 37 s 64
(sec.137-ssec.1) If, after considering the accepted representations, the authorised officer is not satisfied that the licensee has complied with a participation condition, the authorised officer may, by written notice ( notice to dispose ) given to the licensee, require the licensee to dispose of a particular category H weapon or class of category H weapon within 3 months after the date of the notice. If the authorised officer is satisfied that the licensee’s failure to comply with a participation condition was for reasons outside the licensee’s control, the authorised officer may, under section 133 (7) , decide the number of times the licensee was required to use the weapon to satisfy the participation condition.
(sec.137-ssec.2) The licensee must dispose of the weapon within 3 months after the date of the notice to dispose— to a person lawfully acquiring the weapon under a permit to acquire; or by delivering the weapon to a licensed dealer; or by delivering the weapon to a licensed armourer; or by surrendering the weapon to a police officer under arrangements made for the surrender.
(sec.137-ssec.3) The licensee may acquire a weapon delivered to a licensed dealer or licensed armourer under this section only if the licensee has a current permit to acquire the weapon issued after the weapon was delivered to the dealer or armourer. Maximum penalty—100 penalty units or 2 years imprisonment.
(sec.137-ssec.4) The licensee must provide evidence of the disposal to an authorised officer within 4 months after the date of the notice to dispose. Maximum penalty—60 penalty units.
(sec.137-ssec.5) If a weapon is surrendered to a police officer under this section— on the surrender, the weapon is State property; and no compensation is payable for the weapon.
- (a) to a person lawfully acquiring the weapon under a permit to acquire; or
- (b) by delivering the weapon to a licensed dealer; or
- (c) by delivering the weapon to a licensed armourer; or
- (d) by surrendering the weapon to a police officer under arrangements made for the surrender.
- (a) on the surrender, the weapon is State property; and
- (b) no compensation is payable for the weapon.