Part 9Reviews

Part 9—Reviews 46—Review of interim firearms prohibition order by Registrar (1) A person to whom an interim firearms prohibition order applies may apply to the Registrar for review of the decision to issue the order. (2) The making of an application under this section does not affect the operation of the decision to which the application relates. (3) On a review, the Registrar may affirm the decision or revoke the interim firearms prohibition order. 47—Review by Tribunal (1) A person aggrieved by a decision of the Registrar— (a) to refuse an application for a licence (including renewal of a licence), a permit or registration under this Act; or (b) to impose a limitation or condition of a licence (other than a limitation or condition prescribed by or under this Act) or a limitation or condition of a permit; or (c) to vary a licence or permit; or (d) to suspend or cancel a licence, permit or registration; or (e) to refuse to revoke suspension of a licence or permit; or (f) to issue a firearms prohibition order; or (g) to refuse to approve a person as a company's principal or secondary nominee or to revoke such an approval; or (h) declared to be reviewable by regulations made for the purposes of this section (including a decision of the Registrar made under the regulations), may apply to the Tribunal under section 34 of the South Australian Civil and Administrative Tribunal Act 2013 for review of the decision. (2) If the Registrar did not give reasons in writing at the time of making the decision, the Registrar must do so on request made within 28 days of the making of the decision. (3) If a decision was made because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds. (4) The Tribunal may, on the application of the Registrar, give such directions as the Tribunal thinks fit in relation to the requirement to give reasons under subsection (2) in order to ensure that an investigation of the Registrar following suspension of a licence or permit is not compromised. (5) An application under subsection (1) must be made— (a) within 28 days of the making of the decision; or (b) if a request for reasons in writing is made under subsection (2)—within 28 days after receipt of the reasons in writing or, if the Registrar has made an application under subsection (4), within a period determined by the Tribunal. (6) The Tribunal may, in the Tribunal's discretion, extend the time for making an application under this section even if the time for making the application has ended. 48—Related provisions (1) In proceedings before the Tribunal under this Act, or on an appeal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013, the Tribunal or the Court (as the case requires)— (a) must, on the application of the Registrar, take steps to maintain the confidentiality of information classified by the Registrar as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of or relating to information so classified by the Registrar by way of affidavit of a police officer of or above the rank of superintendent. (2) If the Tribunal did not give reasons in writing at the time of making a decision, the Tribunal must do so on request made within 28 days of the making of the decision. (3) If a decision was made because of information that is classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds. (4) An application for an appeal against a decision of the Tribunal under section 71 of the South Australian Civil and Administrative Tribunal Act 2013, must be made— (a) within 28 days of the making of the decision; or (b) if a request for reasons in writing is made under subsection (2)—within 28 days after receipt of the reasons in writing.