Australian Capital Territory Current Acts

CRIMES ACT 1900 - SECT 191

    (1)     If a police officer enters premises under section 188 (Police powers of entry), section 189 (Issue of warrant) or section 190 (Entry in emergencies), the police officer may seize any firearm, any ammunition for a firearm and any licence to possess or use a firearm—

        (a)     in or on those premises; or

        (b)     in or on a motor vehicle under the control of a person who ordinarily lives on those premises or is apparently connected with the circumstances giving rise to the entry of the police officer onto the premises;

if the police officer has reasonable grounds for believing that the seizure is necessary to prevent the commission or repetition of an offence or of a breach of the peace or to protect life or property.

    (2)     A firearm, ammunition or licence may be seized by a police officer under subsection (1)—

        (a)     despite the fact that the owner of the firearm, ammunition or licence is unknown; or

        (b)     irrespective of whether the owner of the firearm, ammunition or licence is connected with the circumstances giving rise to the entry of the police officer onto the premises.

    (3)     A police officer who is authorised under subsection (1) to seize a firearm, ammunition or licence in or on premises or in or on a motor vehicle may search the premises or the motor vehicle for any firearm, ammunition or licence and use the force that is reasonably necessary for the purpose.

    (4)     A firearm, ammunition or licence seized under subsection (1) must be returned to the licensee at the end of 60 days after the seizure if, before the end of that period—

        (a)     a prosecution for an offence arising out of circumstances in which a police officer has entered premises under section 188 (Police powers of entry), section 189 (Issue of warrant) or section 190 (Entry in emergencies) has not been instituted; or

        (b)     an application for a protection order under the Family Violence Act 2016

has not been made.

    (5)     However, a firearm, ammunition or licence seized under subsection (1) must not be returned if the registrar would otherwise be entitled under the Firearms Act 1996

to be in possession of the firearm, ammunition or licence.

    (6)     A word or expression used in the Firearms Act 1996

has the same meaning in this section.