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South Australia. 1977 ‘Application for Firearms Licence.’ Firearms Act 1977 (Version: 7.2.2014); Section 12 (Part 3). Adelaide: Parliament of South Australia. 12 May

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12. Application for firearms licence

(1) An application for a firearms licence —
(a) must be made to the Registrar in the prescribed manner and form; and
(b) must contain the prescribed information; and
(c) must be accompanied by any certificates, declarations, references, reports or other documents required by the regulations or by the Registrar.

(2) The Registrar may require an applicant —
(a) to furnish such further information as may be necessary to enable the Registrar to determine the application; or
(b) to verify by statutory declaration information furnished in relation to the application.

(3) Subject to subsection (4), an application for a firearms licence cannot be made by a person under the age of 18 years.

(4) An application for a firearms permit may be made by a person who has reached the age of 15 years but who has not reached the age of 18 years if that person is the spouse, child, brother, sister or employee of a person who holds a firearms licence and who carries on the business of primary production.

(4a) A firearms permit may only authorise the possession and use of class A or B firearms registered in the name of the spouse, parent, brother, sister or employer of the licence holder and may only authorise use of the firearm for the purposes of the business of primary production carried on by that person.

(5) The Registrar must not grant an application for a firearms licence unless satisfied —
(a) as to the identity of the applicant (the Registrar may require the applicant to identify himself or herself in the same manner and to the same extent as could be required if the applicant were opening an account at an ADI); and
(ab) as to the age and the residential and postal addresses of the applicant; and
(b) that the applicant intends using the firearm, or a firearm of the class, to which the licence relates for the purpose or purposes endorsed on the licence in relation to that firearm or firearms of that class.

(5a) The Registrar may refuse an application for a firearms licence if the applicant is not usually resident in the State.

(6) Subject to this section, where an application for a firearms licence is properly made the Registrar may only refuse the application if —
(a) —
(i) the Registrar is not satisfied that the applicant is a fit and proper person to hold the licence applied for; or
(ii) the proposed licence would authorise possession of a class C or D firearm and the Registrar would not be prepared to grant a permit to the applicant to acquire a firearm of that class; or
(iii) the Registrar is not satisfied that the applicant will keep firearms in his or her possession secured in accordance with this Act; or
(iv) the Registrar is satisfied that the applicant could not use any firearm for the purpose or one or more of the purposes to be endorsed on the licence; or
(v) the Registrar is satisfied that the applicant could not use any firearm of the class or one or more of the classes to be endorsed on the licence in accordance with the conditions of the licence; or
(vi) to grant the application would, in the Registrar's opinion, be contrary to the public interest.

(7) An application for a firearms licence authorising possession of a prescribed firearm can only be granted if the Registrar is satisfied —
(a) that the prescribed firearm will be used for a purpose authorised by the regulations; and
(b) that the applicant is a fit and proper person to have possession of the prescribed firearm.

(7a) If —
(a) the Registrar refuses an application for a firearms licence on the ground that to grant the licence would, in the Registrar's opinion, be contrary to the public interest; and
(b) the Registrar made the decision because of information that is classified by the Registrar as criminal intelligence, the Registrar is not required to provide any reasons for the Registrar's decision to the applicant other than that the decision was made on public interest grounds under this section.

(7b) An application for a collector's licence may be refused if the Registrar is not satisfied that —
(a) the applicant has, or genuinely intends to acquire, a collection of firearms that has, or will have, significant commemorative, historical, investment or other value; or
(b) —
(i) in the case of an application for a new collector's licence (as distinct from the renewal of a licence) - the applicant has been an active member of a collectors' club for the preceding 12 months; or
(ii) in the case of an application for renewal of a collector's licence - the applicant has been an active member of a collectors' club for each licence year of the licence.

(7c) An application for a firearms licence authorising possession of class H firearms may be refused if —
(a) the applicant was the holder of a firearms licence authorising possession of class H firearms that was, on application made by the person within the period of six months from the commencement of this subsection —
(i) cancelled; or
(ii) altered so that class H firearms ceased to be endorsed on it; and
(b) not more than five years has elapsed since the end of that period.

(7d) An application for renewal of a shooting club member's licence authorising possession of class H firearms may be refused if the Registrar is not satisfied that the applicant has been an active member of a shooting club for each licence year of the licence.

(8) An application for a new firearms licence (as distinct from the renewal of a licence) must not be granted until at least 28 days after the application was made.

(9) The Registrar will be taken to have refused an application for a firearms licence if the application has not been granted within 90 days after it was made.

(10) A firearms licence does not come into force until the prescribed application fee has been paid.

(11) A person may hold a collector's licence and another firearms licence for other purposes at the same time.

ID: Q2886

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