Australian Capital Territory Current Acts

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FIREARMS ACT 1996 - SECT 97

Minors firearms licences—mandatory suspension if family violence offence

    (1)     The registrar must suspend a minors firearms licence if the registrar believes on reasonable grounds that the licensee has been charged with, committed or threatened to commit—

        (a)     a family violence offence; or

        (b)     an offence against a law of a State, another Territory or New Zealand corresponding to a family violence offence.

Note 1     A person's licence is automatically suspended under—

              •     the Family Violence Act 2016

, s 44 (1) (Firearms licences) if an interim or after-hours order is made against the person; or

              •     the Personal Violence Act 2016

, s 36 (Interim orders—respondent's firearms) if an interim order is made against the person unless the court otherwise orders.

Note 2     If the registrar suspends a licence under this section, the registrar must give written notice of the decision to the licensee (see s 260).

    (2)     The registrar's notice of the suspension must—

        (a)     include a statement about the effect of subsections (3) and (4); and

        (b)     state that the licensee may, before the end of a stated period, give the registrar written reasons why the licence should remain in force.

    (3)     The suspension ends when the earliest of the following happens:

        (a)     the registrar gives the licensee a written notice revoking the suspension;

        (b)     if the licence is cancelled under this Act or another territory law, or suspended (the later suspension ) under another provision of this Act or another territory law—the cancellation or later suspension takes effect;

        (c)     12 weeks have elapsed after the day the suspension takes effect.

    (4)     The licensee is not authorised to possess or use any firearm (not only firearms held under the licence) during the suspension.



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