South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 21H

21H—Weapons prohibition order issued by Commissioner

        (1)         The Commissioner may issue a weapons prohibition order against a person if satisfied that—

            (a)         the person has (whether before or after the commencement of this section)—

                  (i)         been found guilty of an offence of violence; or

                  (ii)         been declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935 by a court dealing with a charge of an offence of violence; and

            (b)         possession of a prohibited weapon by the person would be likely to result in undue danger to life or property; and

            (c)         it is in the public interest to prohibit the person from possessing and using a prohibited weapon.

        (2)         A weapons prohibition order must be served on the person personally and is not binding on the person until it has been so served.

        (3)         If the Commissioner proposes to issue a weapons prohibition order against a person, a police officer may—

            (a)         require the person to remain at a particular place while the order is prepared and issued so that the order may be served on the person; and

            (b)         if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for—

                  (i)         so long as may be necessary for the order to be served on the person; or

                  (ii)         2 hours,

whichever is the lesser.

        (4)         A weapons prohibition order served on a person must be accompanied by a notice—

            (a)         setting out the Commissioner's reasons for issuing the order; and

            (b)         setting out the terms and the effect of the order; and

            (c)         stating that the person may, within 28 days, appeal to the District Court against the order.

        (5)         If the decision to issue the order was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.

        (6)         Subject to subsection (7), a weapons prohibition order issued against a person remains in force for a period of 3 years from the date on which it was served on the person or for such lesser period as may be specified in the order.

        (7)         The Commissioner may, on his or her own initiative or on application, by notice in writing served personally or by post on a person, revoke a weapons prohibition order issued against the person.

        (8)         For the avoidance of doubt, the fact that a weapons prohibition order issued against a person has ceased to be in force in accordance with subsection (6), or has been revoked in accordance with subsection (7), does not prevent the Commissioner from issuing a subsequent weapons prohibition order against the person in accordance with this section.