sec.141EMatters to consider for making firearm prohibition orders—adults

### sec.141E Matters to consider for making firearm prohibition orders—adults This section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to an adult. The commissioner or the court may have regard to the following— the individual’s criminal history; the individual’s domestic violence history, including whether the individual— is or has been subject to a domestic violence order; or is or has been named as a respondent in an application for a domestic violence order; whether the individual is or has been a participant in— a criminal organisation; or a terrorist organisation; whether the individual is an associate of a recognised offender; whether the individual has communicated in a public forum, or to another person, that the individual intends or wishes to commit a serious offence; social media sites, online forums whether the individual is or has been subject to a relevant order made by a court and the circumstances surrounding the making of the order; a control order under the Criminal Code (Cwlth) an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003 the individual’s behaviour, particularly violent or aggressive behaviour or behaviour involving the use of a weapon; the risk the individual poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk; any other matter or information that indicates possession of a firearm or firearm related item by the individual would be likely to pose a risk to public safety or security. In considering a matter under subsection (2) , the commissioner or the court may have regard to criminal intelligence. For this section, an individual is an associate of a recognised offender if the individual— has a romantic or familial relationship with the offender; or associates with the offender in a way that involves seeking out or accepting the offender’s company, whether the association happens in person or in another way, including, for example, electronically. In this section— criminal organisation see the Penalties and Sentences Act 1992 , section 161O . recognised offender see the Criminal Code , section 77 . terrorist organisation see the Criminal Code (Cwlth) , section 102 .1(1). s 141E ins 2024 No. 45 s 73 (sec.141E-ssec.1) This section applies if the commissioner or the court is considering whether it is in the public interest to make a firearm prohibition order in relation to an adult. (sec.141E-ssec.2) The commissioner or the court may have regard to the following— the individual’s criminal history; the individual’s domestic violence history, including whether the individual— is or has been subject to a domestic violence order; or is or has been named as a respondent in an application for a domestic violence order; whether the individual is or has been a participant in— a criminal organisation; or a terrorist organisation; whether the individual is an associate of a recognised offender; whether the individual has communicated in a public forum, or to another person, that the individual intends or wishes to commit a serious offence; social media sites, online forums whether the individual is or has been subject to a relevant order made by a court and the circumstances surrounding the making of the order; a control order under the Criminal Code (Cwlth) an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003 the individual’s behaviour, particularly violent or aggressive behaviour or behaviour involving the use of a weapon; the risk the individual poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk; any other matter or information that indicates possession of a firearm or firearm related item by the individual would be likely to pose a risk to public safety or security. (sec.141E-ssec.3) In considering a matter under subsection (2) , the commissioner or the court may have regard to criminal intelligence. (sec.141E-ssec.4) For this section, an individual is an associate of a recognised offender if the individual— has a romantic or familial relationship with the offender; or associates with the offender in a way that involves seeking out or accepting the offender’s company, whether the association happens in person or in another way, including, for example, electronically. (sec.141E-ssec.5) In this section— criminal organisation see the Penalties and Sentences Act 1992 , section 161O . recognised offender see the Criminal Code , section 77 . terrorist organisation see the Criminal Code (Cwlth) , section 102 .1(1). - (a) the individual’s criminal history; - (b) the individual’s domestic violence history, including whether the individual— (i) is or has been subject to a domestic violence order; or (ii) is or has been named as a respondent in an application for a domestic violence order; - (i) is or has been subject to a domestic violence order; or - (ii) is or has been named as a respondent in an application for a domestic violence order; - (c) whether the individual is or has been a participant in— (i) a criminal organisation; or (ii) a terrorist organisation; - (i) a criminal organisation; or - (ii) a terrorist organisation; - (d) whether the individual is an associate of a recognised offender; - (e) whether the individual has communicated in a public forum, or to another person, that the individual intends or wishes to commit a serious offence; Examples of public forums— social media sites, online forums - (f) whether the individual is or has been subject to a relevant order made by a court and the circumstances surrounding the making of the order; Examples of relevant court orders— • a control order under the Criminal Code (Cwlth) • an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003 - • a control order under the Criminal Code (Cwlth) - • an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003 - (g) the individual’s behaviour, particularly violent or aggressive behaviour or behaviour involving the use of a weapon; - (h) the risk the individual poses to public safety or security, and the extent to which making the firearm prohibition order will reduce the risk; - (i) any other matter or information that indicates possession of a firearm or firearm related item by the individual would be likely to pose a risk to public safety or security. - (i) is or has been subject to a domestic violence order; or - (ii) is or has been named as a respondent in an application for a domestic violence order; - (i) a criminal organisation; or - (ii) a terrorist organisation; - • a control order under the Criminal Code (Cwlth) - • an order made by a court under the Dangerous Prisoners (Sexual Offenders) Act 2003 - (a) has a romantic or familial relationship with the offender; or - (b) associates with the offender in a way that involves seeking out or accepting the offender’s company, whether the association happens in person or in another way, including, for example, electronically.