Citation(s) from the literature library

Australia. 1996 ‘Grounds for Licence Refusal or Cancellation and Seizure of Firearms.’ Special Firearms Meeting - the 'Nationwide Agreement on Firearms'; Section 6. Canberra: Australasian Police Ministers' Council. 10 May

Relevant contents

6. Grounds for Licence Refusal or Cancellation and Seizure of Firearms

Council resolved:
(a) that jurisdictions set out in legislation circumstances in which licence applications are to be refused or licences are to be cancelled. The following minimum standards are proposed:
- general reasons - not of good character; conviction for an offence involving violence within the past five years; contravene firearm law; unsafe storage; no longer genuine reason; not in public interest due to (defined) circumstances; not notifying of change of address; licence obtained by deception;
- specific reasons - where applicant/licence holder has been the subject of an Apprehended Violence Order, Domestic Violence Order, restraining order or conviction for assault with a weapon/aggravated assault within the past five years;
- mental or physical fitness - reliable evidence of a mental or physical condition which would render the applicant unsuitable for owning, possessing or using a firearm.

(b) that in regard to the latter point, a balance needs to be struck between the rights of the individual to privacy and fair treatment, and the responsibility of authorities, on behalf of the community, to prevent danger to the individual and the wider community.

(c) that a Commonwealth/State working party, including health officials, police and medical representation, be established to examine possible criteria and systems for determining mental and physical fitness to own, possess or use a firearm. The working party should report to the second APMC meeting for 1996, but jurisdictions should not delay the introduction of necessary legislative changes while awaiting its report.

(d) that jurisdictions will establish an appeal from a refusal of a licence application and the cancellation of a licence.

[The APMC Resolutions are also commonly known as the 'National Firearms Agreement,' or NFA].

ID: Q2584

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