49Amnesty for surrender of prohibited weapons

#### 49 Amnesty for surrender of prohibited weapons 49 Amnesty for surrender of prohibited weapons > > (1) A person is exempt from the possession restriction of the Act in respect of a prohibited weapon while in possession of the prohibited weapon at a police station or participating dealer, or while proceeding to a police station or participating dealer, for the purposes of surrendering the prohibited weapon. > > > (2) The surrender of a prohibited weapon does not constitute a supply of the prohibited weapon. > > > (2A) A participating dealer is exempt from section 24(3) of the Act in respect of a prohibited weapon surrendered to the participating dealer. > > > (3) A participating dealer who comes into possession of a prohibited weapon during the amnesty period is exempt from the possession restriction of the Act in respect of the prohibited weapon while complying in respect of the prohibited weapon with any directions of the Commissioner as to how a participating dealer must deal with such a prohibited weapon. > > > (3A) An exemption under subclause (2A) or (3) applies only if the participating dealer acquires and possesses the prohibited weapon in good faith for the purposes of this clause. > > > (4) This clause does not apply to a person who is subject to a weapons prohibition order, a firearms prohibition order under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), an apprehended violence order or an interim apprehended violence order. > > > (5) The Commissioner may publish information and advice about how a person should go about surrendering a prohibited weapon. > > > (6) In this clause— > > > > participating dealer means— > > > > > (a) an authorised weapons dealer, or > > > > > (b) the holder of a firearms dealer licence under the [Firearms Act 1996](/view/html/inforce/current/act-1996-046). > > > > possession restriction of the Act means the requirement under section 7 of the Act to hold a permit authorising possession of a prohibited weapon. > > > > prohibited weapon includes any part of a prohibited weapon. > > > > surrender of a prohibited weapon means the surrender of a prohibited weapon to the Commissioner on behalf of the State. > > **cl 49:** Am 2018 (351), Sch 1 \[1\] \[2\]; 2021 (331), Sch 1\[5\]–\[11\].