Citation(s) from the GunPolicy.org literature library

New South Wales. 1996 ‘General Restrictions on Issuing Permits.’ Firearms Act 1996 No 46 (Act Current to 24 November 2015); Section 29 (Part 2). Sydney: New South Wales Government. 28 June

Relevant contents

29. General Restrictions on Issuing Permits

(1) A permit must not be issued unless the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of firearms without danger to public safety or to the peace.

(2) Without limiting the generality of subsection (1), a permit must not be issued if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of:
(a) the applicant's way of living or domestic circumstances, or
(b) any previous attempt by the applicant to commit suicide or cause a self-inflicted injury, or
(c) the applicant's intemperate habits or being of unsound mind.

(3) Subject to this Division, a permit must not be issued to a person who:
(a) is under the age of 18, or
(b) has, within the period of 10 years before the application for the permit was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or
(c) is subject to an apprehended violence order or who has at any time within 10 years before the application for the permit was made been subject to such an order (other than an order which has been revoked), or
(d) is subject to a good behaviour bond, whether entered into in New South Wales or elsewhere, in relation to an offence prescribed by the regulations, or
(e) is subject to a firearms prohibition order.

(3A) A permit must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that:
(a) the person is a risk to public safety, and
(b) the issuing of the permit would be contrary to the public interest.

(3B) The Commissioner is not, under this or any other Act or law, required to give reasons for not issuing a permit on the grounds referred to in subsection (3A).

(4) Despite any other provision of this section, the Commissioner may refuse to issue a permit if the Commissioner considers that issue of the permit would be contrary to the public interest.

(5) The regulations may provide other mandatory or discretionary grounds for refusing the issue of a permit.

[According to Part 1 Section 4 of this Act, 'apprehended violence order' means:
(a) a final apprehended violence order under the Crimes (Domestic and Personal Violence) Act 2007, or
(b) a final order made under Part 15A of the Crimes Act 1900 before its repeal, or
(c) an order or decision under an Act or law of a place other than New South Wales, being an order or decision that is prescribed for the purposes of this definition by the regulations.]

ID: Q11987

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