Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) However, if the application is made by the chief police officer1
because section 183V (5) applies and the person subject to the order2
agrees, the court may amend the order on the basis of documents,3
without the chief police officer or the person subject to the firearm4
prohibition order appearing at a hearing.5
(3) If the applicant is the chief police officer, the chief police officer6
must, as soon as practicable after receiving the timing notice, ensure7
the following are personally served on the respondent:8
(a) a copy of the application;9
(b) a copy of the timing notice.10
(4) The court may amend a firearm prohibition order only if satisfied the11
order as amended could be made on application for a firearm12
prohibition order.13
(5) The chief police officer must ensure that a copy of the amended order14
is personally served on the respondent if the respondent is the person15
subject to the order and was not present when the court amended the16
order.17
Division 12A.6 Review of firearm prohibition orders18
183Z Application for review19
(1) The following people may apply to the Magistrates Court for review20
of a firearm prohibition order:21
(a) the chief police officer;22
(b) the person subject to the order, but only with the court’s leave;23
(c) any other person affected by the order, but only with the court’s24
leave.25
Note If a form is approved under the Court Procedures Act 2004, s 8 for an26
application, the form must be used.27
Section 14
page 26 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) On receiving an application to review a firearm prohibition order, the1
registrar of the court must do the following:2
(a) set a return date for a hearing of the application, which is to be3
as soon as practicable after the day the application is filed;4
(b) as soon as practicable, give the applicant a timing notice for the5
hearing;6
(c) if the respondent is the chief police officer—personally serve on7
the respondent—8
(i) a copy of the application; and9
(ii) a copy of the timing notice.10
(3) If the applicant is the chief police officer, the chief police officer11
must, as soon as practicable after receiving the timing notice, ensure12
the following are personally served on the respondent:13
(a) a copy of the application;14
(b) a copy of the timing notice.15
(4) If the court must give the applicant leave before hearing an16
application to review a firearm prohibition order, the registrar of the17
court must do the following:18
(a) set a return date for a hearing of the application for leave;19
(b) give the applicant a timing notice for the hearing.20
183ZA Application for leave to review21
(1) The Magistrates Court may give leave to a person subject to a firearm22
prohibition order to apply to the court for review of the order only in23
relation to any of the following:24
(a) an administrative defect or error in the order;25
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 27
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) a change in the circumstances of the person;1
Example2
a change in the person’s housing, employment, health or cultural and social3
needs4
(c) the effect of the order, including any conditions of the order or5
the exercise of powers under division 12A.10 (Enforcement),6
which limits the human rights of the person in a way that is not7
reasonable or justifiable.8
(2) The court may give leave to a person affected by the order to apply to9
the court for review of the order only in relation to the ground10
mentioned in subsection (1) (c).11
(3) The court may give leave under subsection (1) or (2) only if satisfied12
it is in the interests of justice to do so.13
(4) The court may hear the application to review the firearm prohibition14
order immediately following the giving of leave under this section.15
183ZB Determination of review of firearm prohibition order16
(1) On hearing an application under section 183Z to review a firearm17
prohibition order (the original order), the Magistrates Court must—18
(a) dismiss the application; or19
(b) make an order to:20
(i) confirm the original order; or21
(ii) revoke the original order; or22
(iii) vary the original order.23
(2) Before making an order confirming or revoking the original order, the24
court must consider the matters mentioned in section 183B.25
(3) The court may consider anything else it considers relevant on hearing26
the application.27
Section 14
page 28 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(4) The court may make an order confirming the original order only if1
satisfied—2
(a) it continues to be in the public interest for the original order to3
be in force; and4
(b) it is reasonable and justifiable in the circumstances for the5
original order to be in force.6
(5) The court may make an order revoking the original order only if no7
longer satisfied—8
(a) it continues to be in the public interest for the original order to9
be in force; and10
(b) it is reasonable and justifiable in the circumstances for the11
original order to be in force.12
(6) The court may make an order varying the original order only if13
satisfied the order as varied could be made on application for a14
firearm prohibition order.15
(7) The chief police officer must ensure that a copy of an order made16
under subsection (1) (b) is personally served on the person subject to17
the order if the person was not present when the court made the order.18
Division 12A.7 Revocation of firearm prohibition19
orders20
183ZC Application for revocation21
(1) The chief police officer must apply to the Magistrates Court for the22
revocation of a firearm prohibition order in relation to a person if the23
chief police officer no longer believes it is necessary for the person to24
be subject to the order.25
Note If a form is approved under the Court Procedures Act 2004, s 8 for an26
application, the form must be used.27
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 29
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) An application for revocation must be accompanied by a supporting1
affidavit.2
(3) On receiving an application from the chief police officer to revoke a3
firearm prohibition order, the registrar of the court must do the4
following:5
(a) set a return date for a hearing of the application, which is to be6
as soon as practicable after the day the application is filed;7
(b) as soon as practicable, give the applicant a timing notice for the8
hearing.9
(4) The chief police officer must, as soon as practicable after receiving10
the timing notice, ensure the following are personally served on the11
person subject to the firearm prohibition order:12
(a) a copy of the application;13
(b) a copy of the timing notice.14
183ZD Determination of application for revocation15
(1) On hearing an application under section 183ZC to revoke a firearm16
prohibition order (the original order), the Magistrates Court must—17
(a) dismiss the application; or18
(b) make an order to:19
(i) confirm the original order; or20
(ii) revoke the original order.21
(2) Before making an order confirming or revoking the original order, the22
court must consider the matters mentioned in section 183B.23
(3) The court may consider anything else it considers relevant on hearing24
the application.25
Section 14
page 30 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(4) The court may make an order confirming the original order only if1
satisfied—2
(a) it continues to be in the public interest for the original order to3
be in force; and4
(b) it is reasonable and justifiable in the circumstances for the5
original order to be in force.6
(5) The court may make an order revoking the original order only if no7
longer satisfied—8
(a) it continues to be in the public interest for the original order to9
be in force; and10
(b) it is reasonable and justifiable in the circumstances for the11
original order to be in force.12
(6) The chief police officer must ensure that a copy of an order made13
under subsection (1) (b) is personally served on the person subject to14
the order if the person was not present when the court made the order.15
183ZE Revocation by consent16
On application under section 183ZC, the Magistrates Court may17
revoke a firearm prohibition order with the consent of the parties to18
the proceeding—19
(a) whether or not the parties have attended, or any party has20
attended, before the court in relation to the application; and21
(b) whether or not any ground for making the order under22
section 183ZD has been made out; and23
(c) whether or not the court has considered the matters mentioned24
in section 183B.25
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 31
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Division 12A.8 Procedural matters1
Subdivision 12A.8.1 Hearings2
183ZF Hearings usually in public3
The hearing of an application for an order or decision under this part4
must be in public unless—5
(a) section 183ZG applies; or6
(b) the court makes an order under section 183ZH; or7
(c) section 183ZZP applies.8
183ZG Closed court for interim order hearings9
The hearing of an application for an interim order must take place in10
private and in the absence of—11
(a) the person in relation to whom the order is sought; and12
(b) the person’s representative; and13
(c) any other interested party.14
183ZH Closed court in special circumstances15
(1) This section applies if a court is hearing an application for an order or16
decision under this part, other than an application for an interim order.17
(2) If satisfied it is in the public interest or the interests of justice, the18
court may make an order—19
(a) permitting—20
(i) the hearing, or part of the hearing, to take place in private;21
and22
(ii) only stated people to be present at the hearing; or23
Section 14
page 32 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(b) prohibiting or restricting the publication of—1
(i) evidence given at, or received for, the hearing, whether in2
public or private; or3
(ii) a matter mentioned in a document filed in the court for the4
proceeding; or5
(c) prohibiting or restricting the disclosure to some or all of the6
parties to the proceeding of—7
(i) evidence given, or received, at the hearing, whether in8
public or private; or9
(ii) a matter mentioned in a document filed in the court for the10
proceeding.11
(3) A person commits an offence if the person fails to comply with an12
order under this section.13
Maximum penalty: 100 penalty units, imprisonment for 1 year or14
both.15
(4) Subsection (3) does not apply if the defendant has a reasonable16
excuse.17
Note The defendant has an evidential burden in relation to the matters18
mentioned in s (4) (see Criminal Code, s 58).19
Subdivision 12A.8.2 Service of documents20
183ZI Firearm prohibition order to be given to registrar21
If the Magistrates Court makes a firearm prohibition order, the chief22
police officer must give a copy of the order to the registrar.23
183ZJ Alternative service24
(1) This section applies if a document must be personally served on a25
person under this part.26
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 33
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) If personal service is not reasonably practicable, the Magistrates1
Court may order that the document be served in a way, stated in the2
order, that the court considers is likely to bring the document to the3
attention of the person.4
(3) If the court makes an order under subsection (2), the court may, in the5
order, provide that the document is taken to have been served—6
(a) on the happening of a stated event; or7
(b) at a stated time; or8
(c) at the end of a stated period.9
183ZK Dismissal of application for non-service10
The Magistrates Court may dismiss an application for a final order if11
satisfied—12
(a) the copies of the application, supporting affidavit, timing notice13
and, if relevant, interim order, cannot be served on the14
respondent in accordance with section 183D (2) or section 183E15
(3); and16
(b) no alternative way of service would be effective to serve the17
application on the respondent; and18
(c) the respondent has not intentionally avoided service.19
183ZL Affidavit of service of documents by police20
If a police officer serves a document on a person under this part, an21
affidavit of service by the officer may be sworn or affirmed before22
another police officer of, or above, the rank of sergeant.23
Note An affidavit may also be sworn or affirmed before a person mentioned in24
the Oaths and Affirmations Act 1984, s 11.25
Section 14
page 34 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Subdivision 12A.8.3 Non-attendance by party at proceeding1
183ZM Meaning of order—sdiv 12A.8.32
In this subdivision:3
order means—4
(a) a final order; or5
(b) an order amending a firearm prohibition order; or6
(c) an order varying a firearm prohibition order; or7
(d) an order revoking a firearm prohibition order; or8
(e) any other order arising from the review of a firearm prohibition9
order; or10
(f) a decision in relation to the giving of leave to a person to apply11
for the review of a firearm prohibition order.12
183ZN Applicant not present at return of application13
If the applicant is not present at the return of an application for an14
order before the Magistrates Court, the court must—15
(a) dismiss the application; or16
(b) adjourn the proceeding for the application.17
183ZO Respondent not present at return of application18
(1) This section applies to the return of an application for an order before19
the Magistrates Court if the respondent—20
(a) has been served with copies of the application, supporting21
affidavit (if relevant) and timing notice; and22
(b) is not present at the return.23
Section 14
Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
page 35
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(2) The court must—1
(a) decide the application in the respondent’s absence; or2
(b) adjourn the hearing.3
(3) If the court adjourns the hearing, the court must—4
(a) give a direction that the respondent appear before the court on5
the day the hearing is adjourned to; or6
(b) issue a summons requiring the respondent to appear before the7
court on the day the hearing is adjourned to.8
(4) This section does not prevent the court from making an order in the9
proceeding.10
183ZP Neither party present at return of application11
If neither party to an application for an order is present at the return12
of the application before the Magistrates Court, the court may order13
the proceeding be dismissed.14
Division 12A.9 Appeals15
183ZQ Appealable decisions and orders16
The following decisions or orders by the Magistrates Court under this17
part are appealable:18
(a) the making, amending, confirming, varying or revoking of a19
firearm prohibition order;20
(b) a refusal to make, amend, confirm, vary or revoke a firearm21
prohibition order;22
(c) a refusal to give leave to a person to apply for the review of a23
firearm prohibition order;24
(d) a decision about whether information is security sensitive25
information.26
Section 14
page 36 Firearms (Firearm Prohibition Orders)
Amendment Bill 2026
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
183ZR Appeals to Supreme Court1
(1) A person may appeal to the Supreme Court against a decision or order2
mentioned in section 183ZQ if the person was a party to the3
proceeding in which the decision was made.4
(2) The person must file a notice of appeal with the court not later than5
28 days after—6
(a) if the original decision or order was the making, amending or7
varying of a final order and the person the subject of the order8
was not present when the final order was made, amended or9
varied—the day the final order, amendment or variation is10
served on the person; or11
(b) in any other case—the date of the original decision or order.12
(3) However, the court may allow a person to file a notice of appeal after13
the period mentioned in subsection (2) if satisfied it is appropriate.14
183ZS Evidence on appeal15
In an appeal, the Supreme Court must consider the evidence given in16
the proceeding from which the appeal arose, and has power to draw17
inferences of fact and, in its discretion, to receive further evidence.18
183ZT Powers of Supreme Court on appeal19
On an appeal, the Supreme Court may—20
(a) confirm, reverse or vary the original decision or order; or21
(b) make the decision or order that, in the circumstances, it22
considers appropriate, or refuse to make an order; or23
(c) set aside the original decision or order, completely or partly, and24
remit the proceedings to the Magistrates Court for further25
hearing, subject to the directions the Supreme Court considers26
appropriate.27