42Offences that prevent persons from being involved in firearms dealing business

#### 42 Offences that prevent persons from being involved in firearms dealing business 42 Offences that prevent persons from being involved in firearms dealing business > > (1) For the purposes of section 44A (3) (b) of the Act, the following offences are prescribed— > > > > > (a) Offences relating to firearms or weapons > > > > > > An offence relating to the possession or use of a firearm or any other weapon, or a firearm part or ammunition, committed under— > > > > > > > (i) the law of any Australian jurisdiction, or > > > > > > > (ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction). > > > > > (b) Offences relating to prohibited drugs etc > > > > > > An offence in respect of a prohibited plant or prohibited drug within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226) or a prescribed restricted substance within the meaning of the [Poisons and Therapeutic Goods Regulation 2008](/view/html/inforce/current/sl-2008-0392), being an offence in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $2,200 or more, and committed under— > > > > > > > (i) the law of any Australian jurisdiction, or > > > > > > > (ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction). > > > > > (c) Offences relating to public order or involving assaults against law enforcement officers > > > > > > Any of the following— > > > > > > > (i) an offence under Division 8A of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > > > (ii) an offence under Division 1 of Part 3A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), > > > > > > > (iii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i) or (ii), > > > > > > > (iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii). > > > > > (d) Offences involving violence > > > > > > An offence committed under the law of any Australian or overseas jurisdiction, being— > > > > > > > (i) an offence involving the infliction of actual bodily harm on a person in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $500 or more, or > > > > > > > (ii) an offence involving kidnapping or abduction, or > > > > > > > (iii) an offence involving stalking or intimidation, or > > > > > > > (iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraph (ii) or (iii). > > > > > (e) Offences of a sexual nature > > > > > > An offence of a sexual nature, being— > > > > > > > (i) an offence under Division 10, 10A or 10B of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > > > > > (ii) an offence under section 38, 38A, 111, 112 or 113 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) that has been committed with intent to commit an offence referred to in subparagraph (i), or > > > > > > > (iii) an offence under Division 15 or 15A of Part 3 of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > > > > > (iv) an offence under section 11G of the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025), or > > > > > > > (v) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraphs (i)–(iv), or > > > > > > > (vi) any other offence that, at the time it was committed, would have been an offence referred to in subparagraphs (i)–(iv), or > > > > > > > (vii) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(vi). > > > > > (f) Offences involving fraud, dishonesty or stealing > > > > > > An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the penalty imposed included a term of imprisonment (whether or not suspended) for 3 months or more, a community service order for 100 hours or more of community service work, or a good behaviour bond. > > > > > (g) Offences involving robbery > > > > > > An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise). > > > > > (h) Offences relating to riot > > > > > > An offence under section 93B of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or any similar offence under— > > > > > > > (i) the law of any Australian jurisdiction, or > > > > > > > (ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction). > > > > > (i) Offences relating to affray > > > > > > An offence under section 93C of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or any similar offence under— > > > > > > > (i) the law of any Australian jurisdiction, or > > > > > > > (ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction). > > > > > (j) Offences relating to terrorism > > > > > > An offence relating to terrorism, being— > > > > > > > (i) an offence under Part 6B of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040) or against Part 5.3 of the [Criminal Code](http://www.legislation.gov.au/) set out in the Schedule to the [Criminal Code Act 1995](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > > > (ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i). > > > > > (k) Offences involving organised criminal groups, consorting and recruitment > > > > > > An offence— > > > > > > > (i) committed under section 93T, 93X or 351A of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040), or > > > > > > > (ii) committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i). > > > (1A) In subclause (1)— > > > > > (a) a reference to a good behaviour bond includes a reference to a community correction order or a conditional release order, but only if it was imposed in NSW, and > > > > > (b) a reference to a term of imprisonment (whether or not suspended) includes a reference to an intensive correction order, but only if it was imposed in NSW. > > > (2) Persons subject to good behaviour bonds For the purposes of section 44A (3) (e) of the Act, the following offences are prescribed in respect of a person subject to a good behaviour bond— > > > > > (a) an offence referred to in subclause (1) (a), (c), (e) or (g)–(k), > > > > > (b) an offence in respect of a prohibited plant or prohibited drug within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), or a prescribed restricted substance within the meaning of the [Poisons and Therapeutic Goods Regulation 2008](/view/html/inforce/current/sl-2008-0392), committed under— > > > > > > > (i) the law of any Australian jurisdiction, or > > > > > > > (ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction), > > > > > (c) an offence committed under the law of any Australian or overseas jurisdiction, being— > > > > > > > (i) an offence involving the infliction of actual bodily harm upon a person, or > > > > > > > (ii) an offence involving kidnapping or abduction, or > > > > > > > (iii) an offence involving stalking or intimidation, or > > > > > > > (iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)–(iii), > > > > > (d) an offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing. > > > (3) Persons subject to community correction orders or conditional release orders For the purposes of section 44A(3)(e) of the Act, the following offences are prescribed in respect of a person subject to a community correction order or a conditional release order— > > > > > (a) an offence referred to in subclause (1)(a), (c), (e) or (g)–(k), > > > > > (b) an offence in respect of a prohibited plant or prohibited drug within the meaning of the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226), or a prescribed restricted substance within the meaning of the [Poisons and Therapeutic Goods Regulation 2008](/view/html/inforce/current/sl-2008-0392), > > > > > (c) an offence involving any of the following— > > > > > > > (i) the infliction of actual bodily harm on a person, > > > > > > > (ii) kidnapping or abduction, > > > > > > > (iii) stalking or intimidation, > > > > > > > (iv) fraud, dishonesty or stealing, > > > > > (d) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in paragraph (c)(i)–(iii). > > **cl 42:** Am 2019 No 20, Sch 1.12\[1\] \[2\] \[4\].