Citation(s) from the GunPolicy.org literature library

South Australia. 1977 ‘Reasons for Refusal of Permit.’ Firearms Act 1977 (Version: 7.2.2014); Section 15A (Part 3). Adelaide: Parliament of South Australia. 12 May

Relevant contents

15A. Reasons for refusal of permit

(1) Subject to this section the Registrar may refuse an application for a permit to acquire a firearm of any class if he or she is satisfied that —
(a) the firearm is particularly dangerous by reason of its design, construction or any other factor; or
(b) the firearm can easily be converted to an automatic firearm; or
(c) the firearm is, by reason of its size or any other factor, more readily concealed than other firearms of the same class and is for that, or any other reason, particularly suited to unlawful use; or
(d) the applicant has in the past acquired a firearm that he or she has failed to produce to the Registrar for registration in accordance with this Act or has been guilty of any other offence against this Act.

(2) Subject to this Act, where the application is for a permit to acquire a class B firearm1 and the application is properly made the Registrar may only refuse the application if —
(a) the Registrar is of the opinion that the applicant does not have a genuine reason for acquiring the firearm; or
(b) the Registrar is entitled to refuse the application under subsection (1).

(3) The Registrar must refuse an application for a permit to acquire a class C firearm1 unless —
(a) the following requirements are satisfied:
(i) the applicant —
(A) must carry on the business of primary production; or
(B) must be an employee of a person who carries on the business of primary production and must live on or near the land on which that business is carried on and must be employed in the carrying on of that business; or
(C) must be a relative of a person who carries on that business and must live on or near the land on which that business is carried on and must be employed in the carrying on of that business; and
(ii) the Registrar must be satisfied that the applicant needs the firearm for the purposes of that business and that there is no satisfactory alternative to using a firearm of that class; and
(iii) if the application is for a self-loading rifle - the applicant does not have possession of any other self-loading rifle; and
(iv) if the application is for a self-loading shotgun - the applicant does not have possession of any other self-loading shotgun or a pump action shotgun; and
(v) if the application is for a pump action shotgun - the applicant does not have possession of any other pump action shotgun or a self-loading shotgun; or
(b) the following requirements are satisfied:
(i) the applicant is a member of The South Australian Clay Target Association Incorporated or the Australian Clay Target Association Incorporated and is also a member of a recognised firearms club affiliated with either of those associations; and
(ii) the Registrar is satisfied that the applicant needs the firearm for the purpose of an activity of the club conducted in accordance with the rules of the Australian Clay Target Association Incorporated and in accordance with regulations under this Act; or
(c) the Registrar could, in accordance with subsection (4), grant a permit to the applicant to acquire a class D firearm; or
(d) requirements prescribed by regulation for the purposes of this paragraph are satisfied.

(4) The Registrar must refuse an application for a permit to acquire a class D firearm1 unless —
(a) he or she is satisfied that —
(i) the applicant gains his or her livelihood wholly or partly from professional shooting; and
(ii) the applicant needs the firearm to destroy animals in the course of professional shooting; or
(b) requirements prescribed by regulation for the purposes of this paragraph are satisfied.

(4a) Subject to this Act, where the application is for a permit to acquire a class H firearm1 and the application is properly made the Registrar may only refuse the application if —
(a) the Registrar is of the opinion that the firearm is not genuinely required by the applicant for a purpose for which the applicant is authorised by a firearms licence to possess or use such a firearm; or
(b) the Registrar is entitled to refuse the application under subsection (1), (4b) or (4c).

(4b) Subject to the regulations, the Registrar may refuse an application for a permit to acquire a class H firearm for use as a member of a shooting club —
(a) if the firearm —
(i) is a self-loading handgun (other than a revolver) with a barrel length, as measured in accordance with the regulations, of less than 120mm; or
(ii) is a revolver or single shot handgun in either case with a barrel length, as measured in accordance with the regulations, of less than 100mm; or
(iii) has a magazine or cylinder capacity of more than 10 rounds or a modified magazine or cylinder capacity; or
(iv) is of more than .38 calibre; or
(b) if the applicant is the holder of a shooting club member's licence and has held the licence for less than six months; or
(c) if —
(i) the applicant is the holder of a shooting club member's licence and has held the licence for six months or more but less than 12 months; and
(ii) acquisition of the firearm to which the application relates would result in the applicant having possession of a class H firearm or class H firearms other than —
(A) one .177 calibre air pistol or one .22 calibre rim fire handgun (long rifle or short) or one centre fire handgun; or
(B) one .177 calibre air pistol and one .22 calibre rim fire handgun (long rifle or short); or
(C) one .177 calibre air pistol and one centre fire handgun.

(4c) The Registrar may refuse an application for a permit to acquire a class H firearm for the purpose of collection and display if —
(a) the firearm was manufactured after 1946; and
(b) the Registrar is not satisfied that the applicant meets the requirements of the regulations as to the kind of collector who may be granted a permit to acquire class H firearms manufactured after that year…

ID: Q3056

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