Western Australian Current Acts

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FIREARMS ACT 1973 - SECT 20

20 .         Revocation, cancellation, refusal to renew and variation

        (1)         Where the Commissioner is satisfied —

            (a)         that a person who is the holder of a licence, permit or approval under this Act —

                  (i)         obtained it by fraud or deception; or

                  (ii)         has breached or failed to observe a restriction, limitation or condition to which it is subject; or

                  (iii)         could not, because of section 11, be granted the approval or permit or issued the licence, as the case requires, if the person were then applying for it;

                or

            (aa)         that harm may be suffered by any person as a result of a person retaining or regaining possession of a firearm, major firearm part, prohibited firearm accessory or ammunition; or

            (ab)         that a licence or permit was issued, or an approval was given, incorrectly because of an administrative or procedural error; or

            (ac)         that to do so is in the public interest; or

            (ad)         that a person holding or applying for the renewal of a licence, permit or approval has —

                  (i)         failed to comply with a regulation providing for the manner in which a photograph of that person’s face is to be supplied for inclusion on an Extract of Licence; or

                  (ii)         failed to give the Commissioner, when requested in writing by a member of the Police Force to do so, a statement in the prescribed form as to what the person has done to ensure that any firearms or ammunition in the person’s possession are stored in accordance with this Act; or

                  (iii)         contrary to section 23(9)(e), refused to permit a member of the Police Force to inspect storage facilities;

                or

            (b)         that a particular firearm is unsafe or unfit for use; or

            (c)         that a particular place or premises, range or gallery does not comply with the requirements of this Act; or

            (d)         that the circumstances in which the Commissioner’s approval under this Act was given in relation to any person or matter no longer prevail,

                the Commissioner may refuse to renew or may revoke any licence, permit or approval relating thereto or may impose reasonable restrictions, limitations or conditions thereon.

        (1a)         Where the Commissioner, in writing, requests a person who is the holder of any licence, permit, or approval to —

            (a)         supply information, or further information, that the Commissioner considers to be necessary in order to determine whether or not the holder remains a fit and proper person; or

            (b)         make a submission to show cause why the power of revocation should not be exercised,

                if that information is not supplied, or that submission is not made, to the Commissioner in a form acceptable to the Commissioner within 28 days, or such further period as the Commissioner may approve, the licence, permit or approval may be revoked.

        (2)         A restriction, limitation or condition imposed under this Act may be varied from time to time.

        (3)         The Commissioner shall give notice in writing to the holder, where any licence, permit or approval issued or granted under this Act is revoked or varied, of the reasons for the decision.

        (4)         Any licence, permit or approval issued or granted under this Act may be cancelled if the holder so requests.

        [Section 20 amended: No. 90 of 1994 s. 4; No. 59 of 1996 s. 21; No. 13 of 2022 s. 32 and 66.]



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