Part 3Licences and approvals
Obligations of licence holders: Unsafe arms items
138Unsafe arms items
If, in the opinion of the chief executive, any arms item is unsafe, the chief executive may, by notice in writing to the owner of the arms item, require the owner to ensure that the arms item is brought to a safe standard of repair and produced to an officer of the Arms Regulator within a period or by a date specified in the notice.
If the owner of any arms item fails to comply with a notice given to them under subsection (1) in respect of an arms item, the chief executive may, by notice in writing to the owner, require the owner to surrender the arms item immediately to an officer of the Arms Regulator.
The owner of an arms item who receives a notice under subsection (1) or (2) may appeal under section 341 against the requirement in the notice, and section 341 applies with all necessary modifications.
An owner of an arms item commits an offence and is liable on conviction to imprisonment for a term not exceeding 6 months, or to a fine not exceeding $10,000, if the owner, without reasonable excuse, fails to comply with a notice given to them under subsection (2) in respect of an arms item.
Nothing in this section applies in respect of an antique firearm.



