Australian Capital Territory Numbered Acts

CRIMES (AMENDMENT) ACT (NO. 2) 1997 (NO. 23 OF 1997) - SECT 6

6. After section 349D of the Principal Act the following section is inserted in Division 1A of Part X:

“349DA. (1) For the purpose of executing an order under subsection   14A (2) or (3) of the Domestic Violence Act 1986 or subsection 206D (2) or (4) of the Magistrates Court Act 1930 , a police officer may—

        (a)     enter premises at which the respondent named in the order is reasonably believed to be a resident or temporarily accommodated; and

        (b)     seize any firearm, any ammunition for a firearm and any licence to possess or use a firearm—

              (i)     in or on those premises; or

              (ii)     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.

“(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 such force as is reasonably necessary for the purpose.

“(4) Subsection (3) does not authorise a search at any time during the period commencing at 9 p.m. on a day and ending at 6 a.m. on the following day unless the police officer is satisfied that—

        (a)     it would not be practicable to conduct the search at another time; or

        (b)     it is necessary to do so in order to prevent the concealment, loss or destruction of the firearm, ammunition or licence.

“(5) Where—

        (a)     a firearm, ammunition or licence has been seized under subsection (1) for the purpose of executing an order under subsection 206D (2) or (4) of the Magistrates Court Act 1930 ; and

        (b)     the licence has not been cancelled under subsection 206D (1) or suspended under subsection 206D (3) of that Act;

the firearm, ammunition or licence shall be returned to the licensee if—

    (c)     the licensee produces to the Registrar of Firearms a certificate of the Registrar of the Magistrates Court to the effect that the order is no longer in force;

        (d)     the Registrar of Firearms is not aware of any other Court orders in force requiring the seizure of the firearm, ammunition or licence; and

        (e)     the Registrar of Firearms is not otherwise entitled under the Firearms Act 1996 to be in possession of the firearm, ammunition or licence.

“(6) Where a firearm is seized under subsection (1) and is not returned to the licensee in accordance with subsection (5), for the purposes of section 116 of the Firearms Act 1996 , the firearm shall be taken to have been seized by a police officer in accordance with that Act.

“(7) An expression that is used in this section and in the Firearms Act 1996 has, in this section, the same meaning as in that Act.”.