Part 8Miscellaneous provisions
Forfeitures
340Forfeitures
Subsection (2) applies if a person is convicted of an offence relating to—
- being in possession of, or carrying or using, any arms item, imitation firearm, ammunition, or explosive:
- purchasing or acquiring, or entering into an arrangement to purchase or acquire, or selling or supplying any arms item, imitation firearm, ammunition, or explosive to a person who is not lawfully entitled to be in possession of the arms item, imitation firearm, ammunition, or explosive.
If this subsection applies, the sentencing court must, as part of the sentencing, order that the arms item, imitation firearm, ammunition, or explosive be forfeited to the Crown.
If a person is convicted of an offence for breaching a firearms prohibition order and is in possession of any firearm or related item, the sentencing court must, as part of the sentencing, order that the firearm or related item be forfeited to the Crown.
If a person is convicted of an offence against section 266, 267, or 268 relating to the illegal manufacture of any arms item, imitation firearm, or ammunition, the sentencing court must, as part of the sentencing, order that any tools, equipment, or machinery in the possession of the person and that are capable of being used for the manufacture of the arms item, imitation firearm, or ammunition be forfeited to the Crown.
However, subsections (2), (3), and (4) do not apply if the court considers that, given the circumstances of the offending, it would cause undue hardship to make an order under those provisions.
Anything ordered to be forfeited to the Crown—
- is forfeited to the Crown accordingly; and
- may be disposed of in any manner that the Commissioner directs.
In subsection (3), firearm or related item has the meaning given in section 288.