Div 3General provisions relating to licences

Division 3—General provisions relating to licences 13—Division applies to initial grant and renewal The provisions of this Division apply in relation to both the initial grant of a licence and the renewal of a licence. 14—Applications for licences (1) An application for a firearms licence— (2) The Registrar may require an applicant to furnish any information the Registrar requires to determine the application. (3) Subject to this Act and any exception allowed under the regulations, an application for a firearms licence cannot be made by a natural person under the age of 18 years. (4) Subject to any exception allowed under the regulations, if a person's firearms licence has been cancelled by the Registrar under section 20(6) or (7), an application for a firearms licence cannot be made by the person before the expiration of 3 years after the day on which the cancellation takes effect. 15—Grant of licences (1) The Registrar may only refuse an application for a firearms licence if the Registrar is not satisfied— (a) that the applicant has made the application in accordance with this Act and met the requirements of the Registrar in connection with the application; or (b) that the applicant is a fit and proper person to hold the licence; or (c) that the applicant has a genuine reason to possess a firearm to which the application relates; or (d) that the applicant could use a firearm to which the application relates for the purpose that would be authorised by the licence; or (e) that the applicant has, in respect of any licence held by the applicant (whether under this Act or the repealed Act), complied with or satisfied the requirements of this Act or the repealed Act (as the case requires) or the conditions of the licence; or (f) that the applicant will comply with or satisfy the requirements of this Act or the conditions of the licence; or (g) in the case of an application to be a licensed dealer— (i) that the applicant is to be primarily responsible for the management of the business that would be carried on under the licence; or (ii) that the applicant has, or in the case of an applicant that is a company, the director or directors together have, sufficient business knowledge and experience and financial resources for the purpose of properly conducting the business that would be carried on under the licence; or (iii) that the premises at which the applicant proposes carrying on the business are appropriate for the purpose; or (h) in the case of an application for a licence authorising the holder to possess and use firearms as an employee of a licensed dealer—that the applicant is not a disqualified person within the meaning of section 11; or (i) in the case of an application by a natural person— (i) that the applicant has established his or her identity, date of birth and residential and postal addresses (the Registrar may require the applicant to provide evidence of identity in the same manner as would be required for the opening of an account at an ADI); or (ii) that the applicant is an Australian citizen or permanent resident usually resident in South Australia; or (iii) that the applicant has successfully completed training in the safe handling, use, storage and transport of firearms as required under the regulations; or (j) that he or she would be prepared to grant a permit to the applicant to acquire a firearm of a category that the applicant would be authorised to possess by the licence if it were granted; or (k) that the applicant meets a requirement prescribed by the regulations; or (l) that to grant the licence would be in the public interest. (2) For the purposes of subsection (1)(c), a person has a genuine reason to possess a firearm if the person genuinely intends to possess or use the firearm for a purpose that would be authorised under the licence if it were granted. (3) A person does not have a genuine reason to possess a firearm if— (b) the person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose would not be authorised under the licence if it were granted. (4) Subsection (3) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the possession of a firearm. (5) An application for a firearms licence must not be granted if the applicant has been found guilty of a prescribed offence within the 5 years immediately preceding the application. (6) If the Registrar refuses an application for renewal of a firearms licence, the Registrar must, by written notice served personally or by registered post on the licensee, notify the licensee of the refusal within 28 days of the decision to refuse the application. (7) If— (a) the Registrar refuses an application for a firearms licence on the ground that the Registrar is not satisfied that to grant the licence would be in the public interest; and (b) the Registrar made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to provide any reasons for the Registrar's decision to the applicant other than that the decision was made on public interest grounds under this section. (8) Subject to the regulations, an application for a firearms licence (other than renewal of a licence) must not be granted until at least 28 days have elapsed from the date of the application. (9) The Registrar will be taken to have refused an application for a firearms licence if the application has not been granted within 6 months after it was made. (10) A firearms licence does not come into force until any licence fee required to be paid under this Act has been paid. 16—Nominees of licensed companies (1) It is a condition of a firearms licence that is held by a company that the company must have a person (the company's principal nominee) who— (a) has been approved by the Registrar in accordance with the regulations; and (b) holds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; and (c) is an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia; and (d) exercises control on behalf of the company over the firearms in the possession of the company under its licence; and (e) keeps a record of the firearms in the possession of the company under its licence, as required by the Registrar. (2) The Registrar may, in accordance with the regulations, approve persons (the company's secondary nominees) to assist the principal nominee in exercising the powers and performing the functions of the principal nominee, subject to such limitations and conditions as the Registrar thinks fit. (3) A person may only be approved as a company's secondary nominee if the person— (a) holds a firearms licence that authorises possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms; and (b) is an officer or employee of the company who is an Australian citizen or permanent resident usually resident in South Australia. (4) A company's secondary nominee is subject to the direction of the company's principal nominee in assisting the principal nominee. (5) In assisting a company's principal nominee in the exercise of his or her powers or the performance of his or her functions, the company's secondary nominee must not, without reasonable excuse, fail to comply with any reasonable direction of the principal nominee. (6) The Registrar may, in accordance with the regulations, revoke an approval under this section. 17—Term and renewal of licence (1) Subject to this Act, a firearms licence remains in force— (a) in the case of a licence that only authorises the possession or use of category A, B or C firearms or a licence that authorises the holder to carry on the business of a dealer—for a term not exceeding 5 years; or (b) in the case of any other licence—for a term not exceeding the term prescribed by the regulations (which must not exceed 5 years). (2) A licence may be renewed from time to time. 18—Limitations and conditions of licences (1) A firearms licence does not authorise the possession and use of a firearm acquired by the licensee if possession of the firearm was obtained by the licensee in contravention of Part 3. (2) A firearms licence is subject to the following conditions: (a) the licensee must, whenever required to do so by the Registrar, provide the Registrar with information relating to— (i) any firearm registered in the licensee's name or in his or her possession; or (ii) the licensee's use of such a firearm; or (iii) a matter relevant to whether the licensee is a fit and proper person to hold the licence; (b) the licensee must, in accordance with a written request of the Registrar, conduct an audit of the licensee's practices with respect to the storage and safe keeping of the firearms in the licensee's possession, and report to the Registrar the results of the audit, in the manner and within the time specified by the Registrar; (c) the licensee must allow a police officer to inspect, at any reasonable time, the firearms in the licensee's possession and the licensee's facilities for the storage and safe keeping of the firearms. (3) A firearms licence is subject to (in addition to the limitations and conditions prescribed by other provisions of this Act)— (a) any limitations or conditions prescribed by the regulations; and (b) any limitations or conditions imposed by the Registrar. 19—Breach of conditions A licensee who fails to comply with a condition of the licence is guilty of an offence. (a) if the condition relates to a category C, D or H firearm or a prescribed firearm—$20 000 or imprisonment for 4 years; (b) in any other case—$10 000 or imprisonment for 2 years. 20—Variation, cancellation and suspension of licences (1) The Registrar may, on the Registrar's own initiative or on application, vary a firearms licence at any time— (a) by varying the firearms to which the licence relates (but subject to the limitations and conditions prescribed by or under this Act); or (b) by imposing a limitation or condition of the licence or varying or revoking a limitation or condition of the licence (other than a limitation or condition prescribed by or under this Act); or (c) by varying, revoking or adding a purpose for which a firearm may be possessed under the licence. (2) An application for variation of a licence— (3) If an application for variation of a licence concerns the category of firearms to which the licence relates or the purpose for which the applicant may possess firearms, the Registrar may require the applicant to proceed instead by way of application for a licence under section 14. (4) The variation of a licence during the term of the licence does not operate until the Registrar has given the licensee (either personally or by registered post) written notice of the variation. (5) If the Registrar is considering variation of a licence, the Registrar may require the licensee to furnish any information the Registrar requires for the purpose. (6) The Registrar may, by written notice served personally or by registered post on the licensee, cancel a firearms licence— (a) if satisfied that the licensee obtained the licence improperly; or (b) if satisfied that the licensee has not used a firearm for the purpose authorised by the licence; or (c) if satisfied that the licensee has failed to comply with or satisfy the requirements of this Act or the conditions of the licence; or (d) on any ground on which the Registrar might refuse an application by the licensee for such a licence. (7) The Registrar must, by written notice served personally or by registered post on the licensee, cancel a firearms licence if the licensee is found guilty of an offence prescribed by the regulations for the purposes of section 15(5) committed after the commencement of this subsection. (8) The Registrar may, by written notice served personally or by registered post on a licensee, suspend the licence pending an investigation as to whether grounds exist for action against the licensee. (9) If grounds exist for cancelling a licence (other than the grounds referred to in subsection (7)), the Registrar may instead, by written notice served personally or by registered post on the licensee, limit the firearms that may be possessed or used by the licensee under the licence. (10) A notice served on a licensee varying or cancelling the licence under this section must set out the Registrar's reasons for the action. (11) Subsection (10) does not apply in relation to the variation or cancellation of a licence on application. (12) If the Registrar varies or cancels a licence under this section and made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the Registrar's decision other than that the decision was made on public interest grounds under this section. (13) The Registrar may, on the application of a licensee, cancel the licence. (14) The Registrar may, on his or her own initiative or on application by a person whose licence is suspended, revoke the suspension. (15) If— (a) a licence held by a person has been cancelled or suspended and the person was authorised by the licence to use a firearm— (i) as a member of a recognised firearms club; or (ii) in the course of his or her employment; or (b) a licence held by a person has been varied and, as a result, the person is no longer authorised to use a firearm— (i) as a member of a recognised firearms club; or (ii) in the course of his or her employment, the Registrar must, after serving notice under subsection (16), inform the club or the person's employer (or both) of the cancellation, suspension or variation of the licence. (16) The Registrar must serve notice on the holder or former holder of a licence that the Registrar intends to inform the person's club or employer (or both) of the cancellation, suspension or variation of the licence. (17) The Registrar is not subject to any civil or criminal liability in respect of action taken by the Registrar under subsection (15). 21—Surrender of firearms etc when licence cancelled, suspended etc (1) If, under this Part or in prescribed circumstances, a person's firearms licence is cancelled or suspended or an application by a person for renewal of a firearms licence is refused, the person must surrender to the Registrar all firearms, firearm parts, sound moderators and ammunition owned by or in the possession of the person— (a) if served personally with notice of the cancellation, suspension or refusal—immediately; or (b) if served with notice of the cancellation, suspension or refusal by registered post—within 7 days of service of the notice. (b) in the case of a firearm part, sound moderator or ammunition—$20 000 or imprisonment for 4 years. (2) If the firearms that may be possessed or used by a licensee under a firearms licence are limited under section 20 then the licensee must— (a) if served personally with notice of the variation of the licence, immediately surrender to the Registrar— (i) any firearm, possession or use of which is no longer authorised by the licence; and (ii) any associated firearm parts, sound moderators and ammunition, owned by or in the possession of the person; or (b) if served with notice of the variation of the licence by registered post, within 7 days of service of the notice, surrender to the Registrar— (i) any firearm, possession or use of which is no longer authorised by the licence; and (ii) any associated firearm parts, sound moderators or ammunition, owned by or in the possession of the person. (3) A person who is required to surrender a firearm under this section must not use the firearm for any purpose before surrendering it in accordance with this section. (a) in the case of a prescribed firearm or a category C, D or H firearm—$50 000 or imprisonment for 10 years; (b) in the case of any other kind of firearm—$20 000 or imprisonment for 4 years. (4) In this section— associated firearm part, sound moderator and ammunition means any firearm part, sound moderator or ammunition that may be used in or in connection with a firearm, the possession or use of which is no longer authorised by the firearms licence, but does not include a firearm part, a sound moderator or ammunition that may be used in or in connection with a firearm, the possession or use of which continues to be authorised by the person's licence.