QLDIn ForceAct
Weapons Act 1990
sec.10BFit and proper person—licensees
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### sec.10B Fit and proper person—licensees
In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things—
the mental and physical fitness of the person; and
if the authorised officer is aware the person has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside—
the conviction; and
any information about the circumstances of the offence or conviction to which the officer has access; and
if the authorised officer is aware the person has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out—
the charge; and
any information about the circumstances of the offence or charge to which the officer has access; and
whether a domestic violence order has been made, a police protection direction or police protection notice issued or release conditions imposed against the person; and
whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and
whether there is any criminal intelligence or other information to which the authorised officer has access that indicates—
the person is a risk to public safety; or
that authorising the person to possess a weapon would be contrary to the public interest; and
the public interest.
Subsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence.
A person is not a fit and proper person to hold or continue to hold the licence if the person—
is a disqualified person; or
is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.
A person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person—
has been convicted of a class A serious offence or a class B serious offence; or
has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or
has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.
A person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day—
the person—
has been convicted of a class C serious offence; or
has been released from lawful custody in relation to a conviction for a class C serious offence; or
has been subject to a supervision order in relation to a conviction for a class C serious offence; or
a domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.
Also, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C .
For subsections (4) and (5) , the conviction—
must be a recorded conviction; and
may be a spent conviction.
In this section—
court means—
the Magistrates Court or another Queensland court; or
a court of another jurisdiction.
relevant day means—
in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or
in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.
s 10B ins 2003 No. 5 s 5
amd 2003 No. 37 s 6 ; 2013 No. 64 s 219; 2016 No. 62 s 473 ; 2016 No. 51 s 67 ; 2024 No. 45 s 58 ; 2025 No. 18 s 74 ; 2026 No. 4 s 57
(sec.10B-ssec.1) In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things— the mental and physical fitness of the person; and if the authorised officer is aware the person has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside— the conviction; and any information about the circumstances of the offence or conviction to which the officer has access; and if the authorised officer is aware the person has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— the charge; and any information about the circumstances of the offence or charge to which the officer has access; and whether a domestic violence order has been made, a police protection direction or police protection notice issued or release conditions imposed against the person; and whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— the person is a risk to public safety; or that authorising the person to possess a weapon would be contrary to the public interest; and the public interest.
(sec.10B-ssec.2) Subsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence.
(sec.10B-ssec.3) A person is not a fit and proper person to hold or continue to hold the licence if the person— is a disqualified person; or is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.
(sec.10B-ssec.4) A person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person— has been convicted of a class A serious offence or a class B serious offence; or has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.
(sec.10B-ssec.5) A person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day— the person— has been convicted of a class C serious offence; or has been released from lawful custody in relation to a conviction for a class C serious offence; or has been subject to a supervision order in relation to a conviction for a class C serious offence; or a domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.
(sec.10B-ssec.6) Also, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C .
(sec.10B-ssec.7) For subsections (4) and (5) , the conviction— must be a recorded conviction; and may be a spent conviction.
(sec.10B-ssec.8) In this section— court means— the Magistrates Court or another Queensland court; or a court of another jurisdiction. relevant day means— in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.
- (a) the mental and physical fitness of the person; and
- (b) if the authorised officer is aware the person has a conviction for a relevant offence, including a conviction that is a spent conviction, a conviction that has not been recorded or a conviction that has been quashed or set aside— (i) the conviction; and (ii) any information about the circumstances of the offence or conviction to which the officer has access; and
- (i) the conviction; and
- (ii) any information about the circumstances of the offence or conviction to which the officer has access; and
- (c) if the authorised officer is aware the person has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— (i) the charge; and (ii) any information about the circumstances of the offence or charge to which the officer has access; and
- (i) the charge; and
- (ii) any information about the circumstances of the offence or charge to which the officer has access; and
- (d) whether a domestic violence order has been made, a police protection direction or police protection notice issued or release conditions imposed against the person; and
- (e) whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and
- (f) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the person is a risk to public safety; or (ii) that authorising the person to possess a weapon would be contrary to the public interest; and
- (i) the person is a risk to public safety; or
- (ii) that authorising the person to possess a weapon would be contrary to the public interest; and
- (g) the public interest.
- (i) the conviction; and
- (ii) any information about the circumstances of the offence or conviction to which the officer has access; and
- (i) the charge; and
- (ii) any information about the circumstances of the offence or charge to which the officer has access; and
- (i) the person is a risk to public safety; or
- (ii) that authorising the person to possess a weapon would be contrary to the public interest; and
- (a) is a disqualified person; or
- (b) is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.
- (a) has been convicted of a class A serious offence or a class B serious offence; or
- (b) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or
- (c) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.
- (a) the person— (i) has been convicted of a class C serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or
- (i) has been convicted of a class C serious offence; or
- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or
- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or
- (b) a domestic violence order, other than a temporary protection order, has been made against the person or a police protection direction has been issued against the person.
- (i) has been convicted of a class C serious offence; or
- (ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or
- (iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or
- (a) must be a recorded conviction; and
- (b) may be a spent conviction.
- (a) the Magistrates Court or another Queensland court; or
- (b) a court of another jurisdiction.
- (a) in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or
- (b) in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.