sec.10BFit and proper person—licensees

### 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the authorised officer is aware the person has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— the charge; and any information about the circumstances of the offence or charge to which the officer has access; and whether a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.