Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 19

Assessing suitability of individuals—mandatory criteria

    (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    (A)     has been revoked or successfully appealed against; or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.



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