South Australian Current Acts South Australian Current Acts21I—Effect of weapons prohibition order
(1) A person to whom a
weapons prohibition order applies is disqualified from obtaining an exemption
under section 21F.
(2) While a weapons
prohibition order applies to a person—
(a) any
exemption under Schedule 2 does not apply in relation to the person unless the
Schedule expressly provides that it will apply to such a person; and
(b) any
exemption held by the person under section 21F is suspended.
(3) A person to whom a
weapons prohibition order applies must not manufacture, sell, distribute,
supply, deal with, use or possess a prohibited weapon.
Maximum penalty: $35 000 or imprisonment for 4 years.
(4) A person to whom a
weapons prohibition order applies—
(i)
a place at which a person carries on the business of
manufacturing, repairing, modifying or testing prohibited weapons or buying,
selling or hiring out, prohibited weapons; or
(ii)
any other place of a kind prescribed by regulation; and
(b) must
not be in the company of a person who has a prohibited weapon on or about his
or her person or under his or her immediate physical control.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5) It is a defence to
prosecution for an offence against subsection (4)(a) to prove that the
person did not know, and could not reasonably be expected to have known, that
the place was a place of a kind referred to in that paragraph.
(6) It is a defence to
prosecution for an offence against subsection (4)(b) to prove that the
person did not know, and could not reasonably be expected to have known, that
the other person had a prohibited weapon on or about his or her person or
under his or her immediate physical control.
(7) A person to whom a
weapons prohibition order applies must—
(a) as
soon as reasonably practicable after becoming aware of the presence of a
prohibited weapon on premises at which the person resides, notify the
Commissioner of that fact in the manner (if any) prescribed by the
regulations; and
(b)
comply with—
(i)
a direction of the Commissioner, given in response to
that notification, that the person must not reside at the premises; or
(ii)
any other direction of the Commissioner, given in
response to that notification, in relation to the weapon.
Maximum penalty: $10 000 or imprisonment for 2 years.
(8) A person must not
supply a prohibited weapon to a person to whom a weapons prohibition order
applies or permit such a person to gain possession of a prohibited weapon.
Maximum penalty: $35 000 or imprisonment for 4 years.
(9) It is a defence to
prosecution for an offence against subsection (8) to prove that the
person did not know, and could not reasonably be expected to have known, that
a weapons prohibition order applies to the person.
(10) For the purposes
of this section, if a person to whom a weapons prohibition order
applies—
(a) is
on or in premises or a vehicle, vessel or aircraft (other than any premises,
vehicle, vessel or aircraft to which the public are admitted) when a
prohibited weapon is on or in, or in the immediate vicinity of, the premises,
vehicle, vessel or aircraft; or
(b) was
on or in premises or a vehicle, vessel or aircraft (other than any premises,
vehicle, vessel or aircraft to which the public are admitted) immediately
before a prohibited weapon was on or in, or in the immediate vicinity of, the
premises, vehicle, vessel or aircraft,
the person will be taken to possess the prohibited weapon unless it is proved
that—
(c) the
person has notified the Commissioner of the presence of the weapon in
accordance with subsection (7); or
(d) the
person did not know, and could not reasonably be expected to have known, that
the weapon was on or in, or in the immediate vicinity of, the premises,
vehicle, vessel or aircraft.
(11) The Commissioner
may exempt a person, unconditionally or subject to conditions, from a
specified provision of this section and may vary or revoke an exemption by
notice in writing served personally or by registered post on the holder of the
exemption.