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Weapons Act 1990
sec.14Inquiries into application
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### sec.14 Inquiries into application
Before the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may—
make an inquiry or investigation about the applicant or the application; and
require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including—
in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and
in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and
require the applicant—
to confirm whether the applicant 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; and
if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and
require the applicant—
to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and
if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and
inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and
supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and
require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and
make a report about the applicant or the application; and
make the recommendation about the application the officer thinks appropriate.
If an authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity.
The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant—
refuses to provide the information reasonably required under subsection (1) (b) ; or
fails to comply with a requirement under subsection (1) (c) or (d) ; or
refuses to allow the inspection under subsection (1) (e) ; or
fails to comply with a requirement under subsection (2) .
If information about the applicant’s mental health given under subsection (1) (b) is provided in a doctor’s or psychologist’s report, an authorised officer may—
make information in the officer’s possession available to the doctor or psychologist; and
ask the doctor or psychologist to provide a further report.
The authorised officer may make the information available only if the officer considers, on reasonable grounds—
the doctor or psychologist was not aware of the information; and
the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.
The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.
The authorised officer may make the information available under subsection (4) despite the provisions of any other Act.
Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application—
return to the applicant any identifying particular obtained in the course of inquiries into the application; and
destroy any record or copy of the identifying particular.
Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.
In this section—
applicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs.
s 14 sub 1996 No. 41 s 8
amd 1997 No. 48 s 10 ; 2013 No. 64 s 221 ; 2016 No. 62 s 475 ; 2026 No. 4 s 60
(sec.14-ssec.1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may— make an inquiry or investigation about the applicant or the application; and require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including— in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and require the applicant— to confirm whether the applicant 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; and if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and require the applicant— to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and make a report about the applicant or the application; and make the recommendation about the application the officer thinks appropriate.
(sec.14-ssec.2) If an authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity.
(sec.14-ssec.3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant— refuses to provide the information reasonably required under subsection (1) (b) ; or fails to comply with a requirement under subsection (1) (c) or (d) ; or refuses to allow the inspection under subsection (1) (e) ; or fails to comply with a requirement under subsection (2) .
(sec.14-ssec.4) If information about the applicant’s mental health given under subsection (1) (b) is provided in a doctor’s or psychologist’s report, an authorised officer may— make information in the officer’s possession available to the doctor or psychologist; and ask the doctor or psychologist to provide a further report.
(sec.14-ssec.5) The authorised officer may make the information available only if the officer considers, on reasonable grounds— the doctor or psychologist was not aware of the information; and the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.
(sec.14-ssec.6) The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.
(sec.14-ssec.7) The authorised officer may make the information available under subsection (4) despite the provisions of any other Act.
(sec.14-ssec.8) Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application— return to the applicant any identifying particular obtained in the course of inquiries into the application; and destroy any record or copy of the identifying particular.
(sec.14-ssec.9) Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.
(sec.14-ssec.10) In this section— applicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs.
- (a) make an inquiry or investigation about the applicant or the application; and
- (b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including— (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and
- (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and
- (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and
- (c) require the applicant— (i) to confirm whether the applicant 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; and (ii) if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and
- (i) to confirm whether the applicant 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; and
- (ii) if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and
- (d) require the applicant— (i) to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and (ii) if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and
- (i) to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and
- (ii) if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and
- (e) inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and
- (f) supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and
- (g) require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and
- (h) make a report about the applicant or the application; and
- (i) make the recommendation about the application the officer thinks appropriate.
- (i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and
- (ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and
- (i) to confirm whether the applicant 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; and
- (ii) if the applicant has a conviction for a relevant offence as mentioned in subparagraph (i) —to give the officer details of the conviction and information about the circumstances of the offence or conviction, other than details or information included in the application; and
- (i) to confirm whether the applicant has been charged with a relevant offence, including a charge that has been withdrawn, discharged or struck out; and
- (ii) if the applicant has been charged with a relevant offence as mentioned in subparagraph (i) —to give the officer details of the charge and information about the circumstances of the offence or charge, other than details or information included in the application; and
- (a) refuses to provide the information reasonably required under subsection (1) (b) ; or
- (b) fails to comply with a requirement under subsection (1) (c) or (d) ; or
- (c) refuses to allow the inspection under subsection (1) (e) ; or
- (d) fails to comply with a requirement under subsection (2) .
- (a) make information in the officer’s possession available to the doctor or psychologist; and
- (b) ask the doctor or psychologist to provide a further report.
- (a) the doctor or psychologist was not aware of the information; and
- (b) the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.
- (a) return to the applicant any identifying particular obtained in the course of inquiries into the application; and
- (b) destroy any record or copy of the identifying particular.