QLDIn ForceAct
Weapons Act 1990
sec.42Authorised officer decides application
Start here
Get a plain-English read of sec.42
Turn the raw legal text into a practical explanation grounded in Weapons Act 1990.
### sec.42 Authorised officer decides application
An authorised officer must decide an application for a permit to acquire a weapon as soon as practicable after the end of any period that may be prescribed for this section under a regulation.
In deciding the application, the authorised officer may consider anything at the officer’s disposal.
The authorised officer must consider the following things when deciding whether the applicant has a need to possess the weapon—
whether the applicant’s requirements can be adequately met in a way not involving the use of a weapon or by using a weapon of another category or type;
whether the applicant possesses other weapons, and in particular other weapons of that category or type;
another thing prescribed under a regulation.
To remove any doubt, a collector may have a need for a particular weapon even though the collector already possesses a weapon of the same category or type.
The authorised officer must—
approve the application and issue the permit to acquire subject to any conditions the authorised officer may decide; or
reject the application.
s 42 ins 1996 No. 41 s 8
(sec.42-ssec.1) An authorised officer must decide an application for a permit to acquire a weapon as soon as practicable after the end of any period that may be prescribed for this section under a regulation.
(sec.42-ssec.2) In deciding the application, the authorised officer may consider anything at the officer’s disposal.
(sec.42-ssec.3) The authorised officer must consider the following things when deciding whether the applicant has a need to possess the weapon— whether the applicant’s requirements can be adequately met in a way not involving the use of a weapon or by using a weapon of another category or type; whether the applicant possesses other weapons, and in particular other weapons of that category or type; another thing prescribed under a regulation.
(sec.42-ssec.4) To remove any doubt, a collector may have a need for a particular weapon even though the collector already possesses a weapon of the same category or type.
(sec.42-ssec.5) The authorised officer must— approve the application and issue the permit to acquire subject to any conditions the authorised officer may decide; or reject the application.
- (a) whether the applicant’s requirements can be adequately met in a way not involving the use of a weapon or by using a weapon of another category or type;
- (b) whether the applicant possesses other weapons, and in particular other weapons of that category or type;
- (c) another thing prescribed under a regulation.
- (a) approve the application and issue the permit to acquire subject to any conditions the authorised officer may decide; or
- (b) reject the application.