10General restrictions on grant of licence

10 General restrictions on grant of licence (1) The Commissioner, on receiving an application for a licence, may grant or refuse to grant the licence. (2) Subject to subsection (5), the Commissioner is not to grant a shooter's licence or a firearms club junior licence until 28 days after the day on which the application is made.

Firearms Act 1997 16 (2A) The Commissioner must not grant a licence to a person who has been found guilty of an offence against this Act or the Weapons Control Act 2001 or in which a firearm was involved unless: (a) if a pecuniary penalty only was imposed in relation to the offence – 2 years have elapsed since the person was found guilty of the offence; or (b) if one the following orders was made in relation to the offence – 2 years have elapsed since the person was found guilty of the offence: (i) an order under section 10 of the Sentencing Act 1995; (ii) a community correction order under the Sentencing Act 1995 without recording a conviction; (iii) an order under section 11 of the Sentencing Act 1995 as in force before the commencement of Part 2 of the Sentencing and Other Legislation Amendment Act 2022; (iv) an order under the Criminal Law (Conditional Release of Offenders) Act 1971 as in force before the commencement of section 129 of the Sentencing Act 1995; (v) an order under a provision of a law in the jurisdiction in which the offence was committed that, in the opinion of the Commissioner, has a similar effect to an order in subparagraph (i) to (iv); or (c) if a custodial sentence was imposed in relation to the offence – 5 years have elapsed since the person was found guilty of the offence or was released from custody, whichever is later. (2B) The Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant has failed to supply material information or has supplied information that is false or misleading. (3) Subject to subsections (6) and (6A), the Commissioner must not grant a licence unless satisfied the applicant or, for an application for a paintball operator licence, the representative: (a) is at least 18 years of age unless the licence applied for is a firearms club junior licence; and (b) is a fit and proper person; and

Firearms Act 1997 17 (c) has completed an approved firearms training and safety course; and (d) is able to meet the storage and safety requirements under this (e) resides in the Territory or is about to become a resident of the Territory; and (f) has not, within the period of 10 years before the application for the licence was made, been found guilty in the Territory or elsewhere of a disqualifying offence; and (fa) has not, within the period of 5 years before the application for the licence was made, been found guilty in the Territory or elsewhere of an offence of violence; and (g) does not have a final domestic violence order in force against him or her and has not, within the period of 5 years before the application for the licence was made, had a final domestic violence order in force against him or her; and (ga) does not have a personal violence restraining order in force against him or her; and (h) is not subject to an order, made in the Territory or elsewhere, to keep the peace. (4) Without limiting subsection (3)(b), the Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant or representative may not personally exercise continuous and responsible control over firearms because of: (a) the applicant's or representative's way of living or domestic circumstances; or (b) any attempts by the applicant or representative to commit suicide or cause a self-inflicted injury; or (c) the applicant's or representative's intemperate habits or being of unsound mind. (5) The Commissioner may grant a shooter's licence before the expiration of the period mentioned in subsection (2) if the applicant was, at the time of making the application, the holder of a shooter's licence and the prescribed checks have been completed.