Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 58

Adult firearms licences—refusal

    (1)     The registrar must refuse to issue an adult firearms licence to an applicant for the licence unless satisfied on reasonable grounds—

        (a)     about the applicant's identity; and

        (b)     that the applicant is suitable; and

Note     For when an individual is or is not suitable, see s 17.

        (c)     that the applicant has a genuine reason for possessing or using a firearm; and

        (d)     that the applicant will comply with the following in relation to the storage of each registered firearm held under the licence:

              (i)     for a firearm stored in the ACT—part 12 (Safe storage of firearms);

              (ii)     for a firearm stored in New South Wales—the requirements for storage under a permit issued under the Firearms Act 1996

(NSW), section 28; and

        (e)     that—

              (i)     the applicant is, or is about to become, a resident of the ACT; or

              (ii)     in accordance with section 61, it would be necessary for the applicant to possess or use the firearm in the lawful course of business or employment in the ACT; and

        (f)     that each registered firearm held under the licence will be—

              (i)     stored in the ACT; or

              (ii)     if the applicant's genuine reason for possessing or using a firearm relates to an activity that occurs in New South Wales—authorised to be stored in New South Wales by a permit issued under the Firearms Act 1996

(NSW), section 28.

    (2)     The registrar must also refuse to issue the licence if—

        (a)     the applicant is not an adult; or

        (b)     for an application other than a renewal—the applicant holds a licence of the category applied for; or

        (c)     for an application for a licence other than a category D licence—the applicant has not completed each approved firearms training course for the category of licence applied for; or

        (d)     for an application for a category D licence—the applicant is not accredited by an entity approved by the registrar; or

        (e)     the registrar believes on reasonable grounds that it would be contrary to the public interest to issue the licence.

Note     The Minister may make guidelines about the making of a decision whether it is in the public interest to issue a licence (see s 37).

    (3)     The approval of an entity under subsection (2) (d) is a notifiable instrument.

Note     A notifiable instrument must be notified under the Legislation Act

.



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