Victorian Current Acts Victorian Current Acts(1) The Chief Commissioner may cancel a licence suspended under section 47 if, after considering any submissions made within the time fixed for making submissions, the Chief Commissioner is satisfied that—
(a) the holder no longer has the reason specified in the licence for holding the licence; or
(b) the holder has failed to notify the Chief Commissioner of a change of his or her address; or
(c) the holder has knowingly supplied false or misleading information in a material particular in, or in connection with the application for the licence or renewal of the licence; or
S. 49(1)(d) amended by Nos 28/2003 s. 23(1)(b), 107/2003 s. 5(a).
(d) the holder has contravened or failed to comply with a condition of the licence, that is not a condition set out in section 16(3) and (4) or section 16(5) and (6); or
(e) the holder has contravened or failed to comply with any requirement for the storage of firearms possessed, carried or used under the licence; or
S. 49(1)(f) substituted by No. 2/2018 s. 13.
(f) the holder of the licence is not a fit and proper person on the basis of information known to the Chief Commissioner as to the criminal activities of the holder; or
S. 49(1)(fa) inserted by No. 28/2003 s. 23(1)(c), substituted by No. 2/2018 s. 13.
(fa) in relation to a holder to which paragraph (f) does not apply, the holder is no longer a fit and proper person on any other basis; or
S. 49(1)(fb) inserted by No. 2/2018 s. 13.
(fb) any responsible person in relation to the licence is not a fit and proper person; or
(g) the holder of the licence cannot carry on, or be employed in the business without being a danger to public safety or peace; or
(h) the holder of the licence or a responsible person in relation to the licence has contravened a provision of this Act or the regulations; or
S. 49(1)(ha) inserted by No. 28/2003 s. 23(1)(d).
(ha) the holder has, through his or her negligence or fraud, caused a firearm to be lost or stolen; or
(i) the holder is no longer entitled to hold the licence for any other prescribed reason.
S. 49(2) inserted by No. 28/2003 s. 23(2), amended by No. 107/2003 s. 5(b).
(2) If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(3) and (4) applies, the Chief Commissioner must cancel that licence if the holder has failed to comply with that condition.
S. 49(2A) inserted by No. 55/2014 s. 95.
(2A) A holder of a licence, or a responsible person in relation to a licence, is presumed not to be a fit and proper person for the purposes of subsection (1)(f) if he or she is a declared organisation member.
S. 49(2B) inserted by No. 55/2014 s. 95.
(2B) A presumption under subsection (2A) may be rebutted.
S. 49(3) inserted by No. 28/2003 s. 23(2), amended by No. 107/2003 s. 5(c)(i).
(3) If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(5) and (6) applies, the Chief Commissioner—
S. 49(3)(a) amended by No. 107/2003 s. 5(c)(ii).
(a) must cancel that licence if the
holder has failed to comply with section 16(5)(d); and
S. 49(3)(b) amended by No. 107/2003 s. 5(c)(iii).
(b) may cancel that licence if the
holder has failed to comply with section 16(5)(c).
S. 49(4) inserted by No. 50/2007 s. 17, amended by No. 52/2008 s. 246(1), substituted by No. 68/2008 s. 73(1).
(4) The Chief Commissioner must cancel a licence that has been suspended under section 47A(1) on the expiry of 3 months after the suspension of the licence, unless the holder of the licence makes an application under section 189 before the expiry of the 3 month period for a declaration referred to in—
(a) section 189(1)(a) or (1)(b); or
(b) section 189(1AA)(a) or (1AA)(b).
S. 49(5) inserted by No. 50/2007 s. 17.
(5) In the case of a person whose licence has been suspended and who makes an application under section 189, the Chief Commissioner must cancel the licence unless—
S. 49(5)(a) amended by Nos 52/2008 s. 246(2), 68/2008 s. 73(2).
(a) the court makes a declaration referred to in subsection (1)(a) or (1AA)(a); or
S. 49(5)(b) amended by Nos 52/2008 s. 246(3), 68/2008 s. 73(3).
(b) the court makes a declaration referred to in subsection (1)(b) or (1AA)(b) deeming the holder of the licence to be a prohibited person for limited purposes and the purpose for which the person is deemed not to be a prohibited person is the purpose for which the licence is issued.
S. 49A inserted by No. 52/2010 s. 16.