AustLII Tasmanian Consolidated Acts

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FIREARMS ACT 1996 - SECT 141

PART 10 - Reviews Reviews

(1)  A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of –
(a) the refusal or failure to grant an application by the person for a licence or permit; or
(b) any condition imposed under section 35 (a) (ii) , 47(4) , 61 (a) , 69 (a) ,   153(1)(c) , 153(2) or 155 (1) (b) , or clause 2 (2) or 3 (2) of Schedule 3 ; or
(ba) any variation of a condition under section 35A ; or
(c) the cancellation of a licence or permit issued to the person, other than a cancellation under section 51 (1) ; or
(d) a firearms prohibition order made against the person; or
(da) a refusal to grant an application under section 99C ; or
(db) the suspension or cancellation of a registration under section 99E ; or
(e) the refusal to grant an application by the person to approve a shooting gallery, rifle club, pistol shooting club, range or society; or
(f) the cancellation of an approval under section 154 .
(2)  For the purpose of applying for a review, the date the decision was made is the day on which –
(a) a notice is received under section 36 (2) or 62 (2) ; or
(ab) a notice is received under section 47(4) ; or
(b) an application for a licence or permit is granted; or
(c) a notice is served under section 52 (1) or 66 (3) ; or
(d) a firearms prohibition order is served under section 130 (1) ; or
(e) a notice is received under section 151 (6) ; or
(ea) a notice is received under section 153(2) ; or
(f) a notice is served under section 154 (1) .
(3)  The following provisions of the Magistrates Court (Administrative Appeals Division) Act 2001 do not apply to an application to the Magistrates Court (Administrative Appeals Division) for a review of a decision referred to in subsection (1)(a) or (c) that was made on the grounds referred to in section 29(3)(e) :
(a) Division 1 of Part 4 ;
(b) section 21 .
(4)  In determining an application for a review under subsection (1) , the Magistrates Court (Administrative Appeals Division) –
(a) is to ensure that it does not, in the reasons for its decision or otherwise, disclose the existence or content of any criminal intelligence report or other criminal information referred to in section 29(3)(e) ; and
(b) in order to prevent the disclosure of any such report or other information, is to receive evidence and hear argument in the absence of the public, the applicant for the review and the applicant's representative.



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