Citation(s) from the GunPolicy.org literature library

Western Australia. 1973 ‘Disposal of Firearms.’ Firearms Act 1973 (Version 05-00-00, reprinted under the Reprints Act 1984 as at 13 February 2015); Section 33. Perth: State Law Publisher. 18 October

Relevant contents

33. Disposal of firearms

(1) Where any firearm or ammunition is in the possession of a member of the Police Force if —
(a) the owner cannot be found; or
(b) the owner, not being the holder of a licence relating thereto or otherwise lawfully entitled to possession of it, dies; or
(c) the owner, not being the holder of a licence relating thereto or otherwise lawfully entitled to possession of it, refuses or fails lawfully to dispose of it within a period of 3 months after notice in writing from the Commissioner, or within such longer period as the Commissioner may by the notice allow, requiring him to do so,

the Commissioner may dispose of that firearm or ammunition in accordance with the regulations by destruction, sale or otherwise.

(2) Where a firearm or ammunition is sold by the Commissioner the net proceeds of the sale shall be paid to the owner, if he is known, but if the owner is not known or if after reasonable inquiry the Commissioner is of the opinion that the owner although known can not be contacted the net proceeds shall be credited to the Consolidated Account.

(3) On payment of the prescribed fee the Commissioner may, at the request of the owner and in his absolute discretion, accept any firearm or ammunition for safe custody, subject to any prescribed conditions, and
(a) may sue for and recover in any court of competent jurisdiction; or
(b) where the fees have not been paid for a period of more than 2 years, may recover from the proceeds of a sale of that firearm or ammunition in the prescribed manner,

any fees due and owing in respect of that safe custody and any costs or expenses incurred in effecting such recovery.

ID: Q2829

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