Australian Capital Territory Current Acts

FIREARMS ACT 1996 - SECT 18

    (1)     For section 17, the following are the discretionary criteria in relation to an individual:

        (a)     whether the registrar believes on reasonable grounds that, because of the individual's physical or mental health, the individual may not handle firearms responsibly;

Note 1     Under s 56, the registrar may require the applicant for an adult firearms licence to give the registrar stated further information or documents that the registrar reasonably needs to decide the application. This could include a document that is a consent to the disclosure of personal health information (see s 56 (3)).

Note 2     See also s 86 (Minors firearms licences—requirement for further information etc) and s 102 (Composite entity firearms licences—requirement for further information etc).

        (b)     whether, during the 10 years before the day the registrar decides the individual's suitability, the individual has—

              (i)     been released (whether on parole or otherwise) after serving a term of imprisonment or detention; or

              (ii)     been subject to a final protection order that—

    (A)     has been revoked; or

    (B)     permits the individual to possess or retain a firearm; or

Note     The Magistrates Court may order that the firearms licence of a person subject to a final order not be cancelled under the Personal Violence Act 2016

, s 37 (3).

              (iii)     been subject to an interim protection order; or

              (iv)     been convicted or found guilty of an offence (other than a prescribed offence)—

    (A)     against this Act or a corresponding law; or

    (B)     in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or

Note 1     A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000

, s 16 (c) (i) and s 19H (1) (c) (i)).

Note 2     Found guilty , of an offence—see the Legislation Act

, dictionary, pt 1.

              (v)     given an undertaking to a court, in the ACT or elsewhere, to keep the peace or be of good behaviour; or

              (vi)     had his or her licence or permit suspended or cancelled;

        (c)     whether the registrar believes on reasonable grounds that information held by a law enforcement agency in relation to the individual indicates that it would be contrary to the public interest for the individual to have access to a firearm;

Note     The Minister may make guidelines about the making of decisions about the public interest under this paragraph (see s 37).

        (d)     any other criteria prescribed by regulation.

    (2)     In this section:

"law enforcement agency" means each of the following:

        (a)     the Australian Federal Police;

        (b)     the police service or force of a State, another Territory or a foreign country;

        (c)     the Department of Home Affairs (Cwlth);

        (d)     the Australian Criminal Intelligence Commission;

        (e)     the New South Wales Independent Commission Against Corruption or a similar entity established under the law of another State or Territory;

        (f)     the New South Wales Crime Commission or a similar entity established under the law of another State or Territory;

        (g)     an entity prescribed by regulation.

"prescribed offence "means—

        (a)     an offence—

              (i)     against this Act or a corresponding law; or

              (ii)     in the ACT or elsewhere involving violence, drugs, alcohol or weapons; and

        (b)     an offence punishable by imprisonment for longer than 1 year.