§ 36 — Loss of guns and explosives, etc.

36.—(1) A person commits an offence if the person —(a)

possesses or stores a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; and

(b)

fails to take all reasonable steps to ensure each of the following:(i)

the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is kept or stored safely in the prescribed manner;

(ii)

the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is not lost or stolen;

(iii)

the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) does not come into the possession of someone who is not authorised to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance.

(2) A person commits an offence if —(a)

the person possesses or stores a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance;

(b)

the gun, major part of a gun or gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is lost, stolen or destroyed;

(c)

the person knows about the loss, theft or destruction; and

(d)

the person fails, without delay after the day the person becomes aware of the loss, theft or destruction, to —(i)

tell the Licensing Officer about the loss, theft or destruction; and

(ii)

give the Licensing Officer particulars of the loss, theft or destruction (if any) prescribed by the Regulations.

(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) A police officer may, without warrant, seize any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance that the police officer has reasonable grounds to believe is not being kept or stored in accordance with subsection (1).

—(1) A person commits an offence if the person —(a)

possesses or stores a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance; and

(b)

fails to take all reasonable steps to ensure each of the following:(i)

the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is kept or stored safely in the prescribed manner;

(ii)

the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is not lost or stolen;

(iii)

the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) does not come into the possession of someone who is not authorised to possess the gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance.

(2) A person commits an offence if —(a)

the person possesses or stores a gun, a major part of a gun, or a gun accessory, an explosive or explosive precursor, or a weapon or noxious substance;

(b)

the gun, major part of a gun or gun accessory, explosive, explosive precursor, weapon or noxious substance (as the case may be) is lost, stolen or destroyed;

(c)

the person knows about the loss, theft or destruction; and

(d)

the person fails, without delay after the day the person becomes aware of the loss, theft or destruction, to —(i)

tell the Licensing Officer about the loss, theft or destruction; and

(ii)

give the Licensing Officer particulars of the loss, theft or destruction (if any) prescribed by the Regulations.

(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(4) A police officer may, without warrant, seize any gun, major part of a gun, gun accessory, explosive, explosive precursor, weapon or noxious substance that the police officer has reasonable grounds to believe is not being kept or stored in accordance with subsection (1).