FIREARMS: Arms Act 1983 (s24, s27A, & 28) Flashcards
Arms Act 1983.
s24(1) F/A Act 1993: What are the two criteria that a member of Police has to be satisfied of before issuing a F/A license?
- Is of or over the age of 16 years AND
- Is a fit and proper person to be in possession of a firearm or airgun.
Arms Act 1983.
s24(2):
A firearms licence shall not be issued to a person if, in the opinion of a Inspector (or above), access to any F/A or airgun in possession of that person is reasonably likely to be obtained by any person whose? (4)
- Application has been refused on the ground not a fit and proper person to be in possession of a F/A or airgun, OR
- Certificate of Registration as the owner of a F/A has been revoked on the ground not a fit and proper person to be in possession of a F/A or airgun, OR
- F/A licence has been revoked on the ground not a fit and proper person to be in possession of a F/A or airgun, OR
- Who in the opinion of an Inspector (or above) is not a fit and proper person to be in possession of a F/A or airgun.
Arms Act 1983.
s24.
The onus is on whom to satisfy the Police Officer of being a fit and proper person?
- Applicant.
Arms Act 1983.
s24:
What criteria is used for the Applicant to be considered a fit and proper person? (2)
- General character AND
- Temperament
Arms Act 1983.
s24:
Fit and proper person: Police v Cottle [1986]?
An applicant’s criminal convictions may be of significance.
Arms Act 1983.
s24:
Fit and proper person: Dobbs v Police [1992]?
The use of violence against a spouse may also be a significant factor.
Arms Act 1983.
s24:
Fit and proper person: Flynn v Police [2010]?
In the absence of recent convictions or incidents involving violence and the fact that the some people knew the applicant as an unpleasant person did not mean he was not fit and proper person to hold a F/A licence.
Arms Act 1983.
s24:
Fit and proper person:
Under s24 subsection 2, refusal of application. When can an officer refuse a fit and proper person to be a holder of a F/A licence? (2)
Reasonably likely that any F/A or airgun in possession of that Applicant would be accessible by someone who is not fit and proper OR Whose F/A licence or certificate of registration has been revoked.
Arms Act 1983.
s27 Revocation and surrender of F/A licence:
s27 says a Commissioned Officer (Inspector or above) can revoke a firearms licence if they are satisfied of what? (5)
- The licence holder is not a fit and proper person to be in possession of a firearm or airgun, OR
- Any firearms in the licence holder’s possession would be accessible to any person - whose application for a F/A licence or for a permit has been refused on the grounds not a fit and proper person.
- Whose certificate of registration as the owner of a F/A has been refused on the ground not a fit and proper person.
- Whose F/A licence has been revoked on ground not a fit and proper person.
- In the opinion of a Inspector (or above) is not a fit and proper person to be in possession of a F/A.
Arms Act 1983.
s27 Revocation and surrender of F/A licence: What may a Commissioned Officer of Police do to revoke and surrender a F/A?
By notice in writing under his hand, revoke a F/A licence, and the person whom that F/A licence has been issued shall upon demand surrender the licence to a member of Police.
Arms Act 1983.
s27 Revocation and surrender of F/A licence: The person to whom the licence has been issued shall cease to be licensed to?
Possess firearms, airguns, pistols, or restricted weapons by virtue of that licence or any endorsement on it.
Arms Act 1983.
s27 Revocation and surrender of F/A licence.
- Under s27 where does the onus rest to satisfy (1)(a) or 1(b)?
- The second ground for revocation is concerned with access to the F/A or airgun by someone other than the licence holder who is regarded as not being a fit and proper person to be in possession of a weapon. Outline Fewtrell v Police [1996]?
- With the Commissioned Officer.
- Fewtrell v Police: Applicants association with a motorcycle gang was held not to be a matter for determination under the “fit and proper person” (1)(a). 1(b) is concerned with the licensee’s association with others. The failure to provide the licence holder with an opportunity to be heard will be a breach of natural justice and unanswerable on appeal.
Arms Act 1983.
s27A Family Violence and F/A licenses: Under s24 and s27 a commissioned officer may decide that a person is not a fit and proper person to be in possession of a F/A or airgun if satisfied under what 2 grounds?
- There are grounds under FV Act 2018 for the making against that person of an application for a P.O, OR
- P.O. is in force under the Act of that person.
Arms Act 1983.
s28 Effect of revocation or surrender of F/A licence: Under s28 what is the “Effect” of a firearms licence being revoked or surrendered? (4)
- The holder of that license shall, on demand, deliver every F/A, pistol, prohibited magazine, prohibited part, or restricted weapon in his possession or under his control to a member of Police.
- Within 3 months or thereafter as the Commissioner may allow, the person may sell or dispose of any F/A, pistol, restricted weapon owned by him to a person approved by a member of Police.
- All F/A, pistols, restricted weapons delivered to the Police may be detained for as long as the Commissioner thinks fit, or may, in the direction of the Police become the property of the Crown.
- The Minister of Finance shall pay out of the Crown Bank Account compensation for the value of all F/A, pistols, or restricted weapons delivered to Police under this section and which have become the property of the Crown.
Arms Act 1983.
s28(5) What does the person do if they fail to surrender a F/A licence?
Commits an offence 3 months imprisonment/$1000 fine.
