sec.141QPower to give directions to facilitate personal service of firearm prohibition orders

### sec.141Q Power to give directions to facilitate personal service of firearm prohibition orders This section applies if— a firearm prohibition order is made in relation to an individual— by the commissioner; or by the court and the individual is not present in court when the order is made; and a police officer reasonably suspects an individual is the individual the subject of the order. A police officer may, for the purpose of enabling a police officer to serve the firearm prohibition order under section 141P , do any of the following— if it is necessary to confirm the identity of the individual—direct the individual— to state the individual’s name and address; and to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence; direct the individual to remain at a stated appropriate place at or near the individual’s current location for a stated period; direct the individual to attend a stated police station immediately or within a stated period; direct the individual to accompany a police officer to the nearest police station or another stated place. A direction under subsection (2) may be given only if the police officer considers it is reasonably necessary to enable service of the firearm prohibition order. In giving the direction, the police officer must tell the individual the following matters— why the individual is being given the direction; if the direction is to accompany a police officer to a place— where the place is; and how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and that the individual may be searched before being transported to the place by a police officer; and that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence; that the individual is not under arrest or in custody while complying with the direction. s 141Q ins 2024 No. 45 s 73 (sec.141Q-ssec.1) This section applies if— a firearm prohibition order is made in relation to an individual— by the commissioner; or by the court and the individual is not present in court when the order is made; and a police officer reasonably suspects an individual is the individual the subject of the order. (sec.141Q-ssec.2) A police officer may, for the purpose of enabling a police officer to serve the firearm prohibition order under section 141P , do any of the following— if it is necessary to confirm the identity of the individual—direct the individual— to state the individual’s name and address; and to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence; direct the individual to remain at a stated appropriate place at or near the individual’s current location for a stated period; direct the individual to attend a stated police station immediately or within a stated period; direct the individual to accompany a police officer to the nearest police station or another stated place. (sec.141Q-ssec.2A) A direction under subsection (2) may be given only if the police officer considers it is reasonably necessary to enable service of the firearm prohibition order. (sec.141Q-ssec.3) In giving the direction, the police officer must tell the individual the following matters— why the individual is being given the direction; if the direction is to accompany a police officer to a place— where the place is; and how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and that the individual may be searched before being transported to the place by a police officer; and that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence; that the individual is not under arrest or in custody while complying with the direction. - (a) a firearm prohibition order is made in relation to an individual— (i) by the commissioner; or (ii) by the court and the individual is not present in court when the order is made; and - (i) by the commissioner; or - (ii) by the court and the individual is not present in court when the order is made; and - (b) a police officer reasonably suspects an individual is the individual the subject of the order. - (i) by the commissioner; or - (ii) by the court and the individual is not present in court when the order is made; and - (a) if it is necessary to confirm the identity of the individual—direct the individual— (i) to state the individual’s name and address; and (ii) to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence; - (i) to state the individual’s name and address; and - (ii) to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence; - (b) direct the individual to remain at a stated appropriate place at or near the individual’s current location for a stated period; - (c) direct the individual to attend a stated police station immediately or within a stated period; - (d) direct the individual to accompany a police officer to the nearest police station or another stated place. - (i) to state the individual’s name and address; and - (ii) to give evidence of the stated name and address if, in the circumstances, it would be reasonable to expect the individual to be in possession of the evidence; - (a) why the individual is being given the direction; - (b) if the direction is to accompany a police officer to a place— (i) where the place is; and (ii) how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and (iii) that the individual may be searched before being transported to the place by a police officer; and (iv) that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and (v) that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence; - (i) where the place is; and - (ii) how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and - (iii) that the individual may be searched before being transported to the place by a police officer; and - (iv) that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and - (v) that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence; - (c) that the individual is not under arrest or in custody while complying with the direction. - (i) where the place is; and - (ii) how the individual is to move to the place, including whether a police officer will remain in the presence of the individual; and - (iii) that the individual may be searched before being transported to the place by a police officer; and - (iv) that the individual may be directed to leave, at the individual’s current location, anything found in the search that may be used to cause harm to the individual or another person; and - (v) that anything found in the search may be seized if a police officer reasonably suspects the thing is evidence of the commission of an offence;