sec.10CFit and proper person—licensed dealer’s associate

### sec.10C Fit and proper person—licensed dealer’s associate In deciding or considering, for the issue, renewal, suspension or revocation of a dealer’s licence, whether an associate of an applicant for a dealer’s licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer must consider— if the authorised officer is aware the associate 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authorised officer is aware the associate has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out— the charge; and any information about the circumstances of the offence or charge to which the officer has access; and whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— the associate is a risk to public safety; or any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest. A person is not a fit and proper person to be an associate of a licensed dealer if— the person is a disqualified person; or 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. Also, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because— 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. For subsections (2) and (3) (a) , the conviction— must be a recorded conviction; and may be a spent conviction. In this section— relevant day means— in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation. s 10C ins 2003 No. 37 s 7 amd 2013 No. 64 s 220 ; 2016 No. 62 s 474 ; 2024 No. 45 s 59 ; 2025 No. 18 s 75 ; 2026 No. 4 s 58 (sec.10C-ssec.1) In deciding or considering, for the issue, renewal, suspension or revocation of a dealer’s licence, whether an associate of an applicant for a dealer’s licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer must consider— if the authorised officer is aware the associate 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 associate 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 there is any criminal intelligence or other information to which the authorised officer has access that indicates— the associate is a risk to public safety; or any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest. (sec.10C-ssec.2) A person is not a fit and proper person to be an associate of a licensed dealer if— the person is a disqualified person; or 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.10C-ssec.3) Also, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because— 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.10C-ssec.4) For subsections (2) and (3) (a) , the conviction— must be a recorded conviction; and may be a spent conviction. (sec.10C-ssec.5) In this section— relevant day means— in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation. - (a) if the authorised officer is aware the associate 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 - (b) if the authorised officer is aware the associate 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 - (c) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates— (i) the associate is a risk to public safety; or (ii) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest. - (i) the associate is a risk to public safety; or - (ii) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to 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 associate is a risk to public safety; or - (ii) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest. - (a) the person is a disqualified person; or - (b) within 10 years before the relevant day, the person— (i) has been convicted of a class A serious offence or a class B serious offence; or (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence. - (i) has been convicted of a class A serious offence or a class B serious offence; or - (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or - (iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence. - (i) has been convicted of a class A serious offence or a class B serious offence; or - (ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or - (iii) 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) within 5 years before the relevant day, 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) in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or - (b) in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or - (c) in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation.