19Assessing suitability of individuals—mandatory criteria

19 Assessing suitability of individuals—mandatory criteria (1) For section 17, the following are the mandatory criteria in relation to an individual: (a) for an application for a licence other than a composite entity firearms licence—the registrar believes on reasonable grounds that the individual may not personally exercise continuous and responsible control over a firearm because of the individual’s way of living or domestic circumstances; (b) within the 10 years before the day the registrar decides the individual’s suitability, the individual has been— (i) subject to a final protection order other than an order that— (A) has been revoked or successfully appealed against; or (B) permits the individual to possess or retain a firearm; or Note The Magistrates Court may order that the firearms licence of a person subject to a final order not be cancelled under the Personal Violence Act 2016, s 37 (3). (ii) subject to an order under this Act or a corresponding law that prohibits the person from possessing or using a firearm (other than an order that has been successfully appealed against); or (iii) convicted or found guilty of a prescribed offence in the ACT or elsewhere; Note Found guilty, of an offence—see the Legislation Act, dictionary, pt 1.

(c) the individual is not suitable because of a reason prescribed by prescribed offence—see section 18 (2). successfully appealed against—an order is successfully appealed against if an appeal against the making of the order is upheld.