(1) For section 17, the following are the mandatory criteria in relation to an individual:
(a) for an application for a licence other than a composite entity firearms licence—the registrar believes on reasonable grounds that the individual may not personally exercise continuous and responsible control over a firearm because of the individual's way of living or domestic circumstances;
(b) within the 10 years before the day the registrar decides the individual's suitability, the individual has been—
(i) subject to a final protection order other than an order that—
(A) has been revoked or successfully appealed against; or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).
(ii) subject to an order under this Act or a corresponding law that prohibits the person from possessing or using a firearm (other than an order that has been successfully appealed against); or
(iii) convicted or found guilty of a prescribed offence in the ACT or elsewhere;
Note Found guilty , of an offence—see the Legislation Act
, dictionary, pt 1.
(c) the individual is not suitable because of a reason prescribed by regulation.
(2) In this section:
"prescribed offence—"see section 18 (2).
"successfully appealed against"—an order is successfully appealed against if an appeal against the making of the order is upheld.