Citation(s) from the literature library

Australian Capital Territory. 1996 ‘Assessing Suitability of Individuals - Discretionary Criteria.’ Australian Capital Territory Firearms Act 1996 (A1996-74 - Republication No.45, effective 27 April 2016); Part 2 (Section 18). Canberra: ACT Parliamentary Counsel. 1 January

Relevant contents

18 Assessing suitability of individuals - discretionary criteria

(1) For section 17, the following are the discretionary criteria in relation to an individual:
(a) whether the registrar believes on reasonable grounds that, because of the individual's physical or mental health, the individual may not handle firearms responsibly;

[Note 1: Under s 56, the registrar may require the applicant for an adult firearms licence to give the registrar stated further information or documents that the registrar reasonably needs to decide the application. This could include a document that is a consent to the disclosure of personal health information (see s 56 (3)).]

[Note 2: See also s 86 (Minors firearms licences - requirement for further information etc) and s 102 (Composite entity firearms licences - requirement for further information etc).]

(b) whether, during the 10 years before the day the registrar decides the individual's suitability, the individual has —
(i) been released (whether on parole or otherwise) after serving a term of imprisonment or detention; or
(ii) been subject to a protection order or corresponding order that has been revoked; or
(iii) been subject to an interim protection order or corresponding order; or
(iv) been convicted or found guilty of an offence (other than a prescribed offence)—
(A) against this Act or a corresponding law; or
(B) in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or

[Note 1: A conviction does not include a spent conviction - see the Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).]

(v) given an undertaking to a court, in the ACT or elsewhere, to keep the peace or be of good behaviour; or
(vi) had his or her licence or permit suspended or cancelled;
(c) whether the registrar believes on reasonable grounds that information held by a law enforcement agency in relation to the individual indicates that it would be contrary to the public interest for the individual to have access to a firearm;

[Note: The Minister may make guidelines about the making of decisions about the public interest under this paragraph (see s 37).]

(d) any other criteria prescribed by regulation…

ID: Q2514

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