20/Aug/2004 - Current (at 31 Dec 2005)
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    49B. Possession of firearms, prohibited drugs etc. by prison officers

    (1) A prison officer who comes into possession of property under section 41, 49 or 49A does not commit

    (a) an offence under the Firearms Act 1973 in relation to possession of a firearm, ammunition or a silencer or contrivance of a similar nature; or

    (b) an offence under the Misuse of Drugs Act 1981 in relation to the possession of a prohibited drug, prohibited plant or utensil,

    if the prison officer possesses the property for a reason set out in subsection (2).

    (2) A prison officer may possess the property

    (a) so as to deliver it into the custody of a member of the Police Force or an employee of the Police Service; or

    (b) in the case of a firearm, if the prison officer is authorised under this Act to be in possession of the firearm for the purposes of section 47.

    [Section 49B inserted by No. 43 of 1999 s. 16.]



Note: This is not an authorised version. The only authorised version is the hardcopy (printed) version published under authority of the Government Printer, available from the State Law Publisher, 10 William St Perth W.A. 6000.