4 Flashcards

(6 cards)

1
Q

When is a firearms licence holder disqualified by the court for an offence under the Trespass Act 1980?

What is the penalty or consequence in relation to holding a firearms licence?

A

Answer:

  • When that person who commits an offence against the act and at the time was carrying or had with them a weapon.
  • The penalty is disqualification from holding a firearms licence or any other licence or permit under the Arms Act 1983 for a period not exceeding two years from the date of the conviction
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2
Q

In relation to Police Safety Orders.
Under what section of the FV Act can a persons firearms licence be suspended?

And what actions should be taken?

A

Answer

  • Under section 40 of the FV act 2018 while a PSO has been issued and is in force
  • Under section 37 of the FV Act 2018, the bound person must surrender to a constable their firearms and any weapons in their possession or under their control
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3
Q

In relation to section 176 of the FV Act 2018
What is required when Police receive a copy of a Temporary or Final Protection Order

A

Answer:
Police must immediately establish whether the respondent and any associated respondent named in the order holds a firearms licence

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4
Q

What is the standard condition of every Protection Order
Section 98 that a respondent

A

Answer:

  • They must not possess or have under their control any weapons (which includes a firearm) and
  • Hold a firearms licence and
  • Surrender to a constable immediately any weapons and firearms licence under their possession or control
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5
Q

Under Section 23(1)(c) and 22H(b) of the Arms Act 1983.

How many years is a person ineligible for applying for a firearms licence once a Final Protection Order is made?

Who issues the respondent a written notice if a firearms licence is revoked after a final Protection order is in place

A

Answer:
10 years from when the final protection order was made

Answer:
An inspector or higher rank issues the respondent a written notice and ensures the holders firearms licence and any firearms in their possession or control is surrendered

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6
Q

What powers does an officers have under Section 18 of the Search and Surveillance Act 2012?

A

You may

  • Search the person or
  • anything in their possession or under their control (including a vehicle)
  • you can enter a place or vehicle to carry out either search
  • seize and detain any arms or F/A licence found

When

  • Have RGTS
  • a person is carrying arms or is on the possession of them

and

  • They are in breach of the Arms Act 1983 or
  • by reason of their physical or mental condition, are incapable of having proper control or may kill or cause bodily injury to any person
  • Under the Family Violence act they have a PO or a PSO is in place

unless impracticable obtain approval from a Sgt.

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