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FIREARMS ACT 1996 - SECT 183

Immunity from liability

S. 183(1) amended by Nos 28/2003 s. 67(1), 23/2006 s. 238, 26/2014 s. 455(Sch. item 10.2), 39/2022 s. 825.

    (1)     Despite section 141 of the Health Services Act 1988 , section 730 of the Mental Health and Wellbeing Act 2022 , section 39 of the Disability Act 2006 and any other similar enactment or provision if a health professional believes—

        (a)     that a person whom he or she has been providing professional services is not a fit and proper person to possess, carry or use a firearm; and

        (b)     that that person has a licence under this Act or intends to apply for a licence under this Act or possesses or intends to possess a firearm

the health professional may so advise the Chief Commissioner, and is not subject to any civil or criminal liability for doing so, if the advice is given in good faith.

S. 183(2) amended by No. 28/2003 s. 67(2).

    (2)     If an officer of an approved club or approved handgun target shooting club believes—

        (a)     that a person who is a member of the club is not a fit and proper person to possess, carry or use a firearm; and

        (b)     that that person has a licence under this Act or intends to apply for a licence under this Act or possesses or intends to possess a firearm

the officer may so advise the Chief Commissioner, and is not subject to any civil or criminal liability for doing so, if the advice is given in good faith.

S. 183(3) inserted by No. 28/2003 s. 67(3).

    (3)     A nominated officer of an approved handgun target shooting club or an approved firearms collectors club, as the case requires, is not subject to any civil or criminal liability for giving advice to the Chief Commissioner, in good faith, under section 123E or 123K.

S. 183(4) inserted by No. 28/2003 s. 67(3).

    (4)     In this section "health professional" means any one of the following—

        (a)     a registered medical practitioner;    

        (b)     a registered psychologist;

S. 183(4)(c) amended by No. 13/2010 s. 51(Sch. item 23.4).

        (c)     a nurse or midwife;

        (d)     a prescribed class of social worker;

        (e)     a prescribed class of professional counsellor.



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