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FIREARMS ACT 1996 - SECT 81

Adult firearms licences—cancellation generally

    (1)     The registrar must cancel an adult firearms licence—

        (a)     if, had the licensee been applying for the licence held, the registrar would be required to refuse to issue the licence; or

Note     For when the registrar must refuse to issue an adult firearms licence, see s 58 and s 63 to s 70.

        (b)     if satisfied on reasonable grounds that the licensee—

              (i)     gave information that was (to the licensee's knowledge) false or misleading in a material particular in relation to the application for the licence; or

              (ii)     has contravened this Act, whether or not the licensee has been convicted of an offence for the contravention; or

Note     A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

              (iii)     has contravened a condition of the licence; or

        (c)     if satisfied on reasonable grounds that the licensee is not suitable; or

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

        (d)     for any other reason prescribed by regulation.

    (2)     Subsection (1) (b) (iii) does not apply to a condition that the licensee must allow a police officer to enter premises to inspect facilities if—

        (a)     the contravention involved refusing to allow a police officer to enter the premises or inspect the facilities; and

        (b)     the refusal was reasonable in all the circumstances.

Note 1     If the registrar cancels a licence under this section, the registrar must give written notice of the decision to the licensee (see s 260).

Note 2     If the registrar cancels a licence under this section because of a reassessment of the licensee's suitability to hold a licence under s 81A , the registrar must give written notice of the decision to the Magistrates Court.

Note 3     A person's licence is automatically cancelled under—

              •     the Family Violence Act 2016

, s 44 (2) (Firearms licences) if a final order is made against the person; or

              •     the Personal Violence Act 2016

, s 37 (Final orders—respondent's firearms) if a final order is made against the person unless the court otherwise orders.



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