Citation(s) from the GunPolicy.org literature library

Victoria. 1998 ‘Definitions.’ Firearms Act 1996 No. 66 of 1996 (Version No. 080, as of 1 December 2015); Part 1 (Section 3). Melbourne: Department of Justice, Victoria. 31 January

Relevant contents

Definitions

'prohibited person' means —
(a) a person who is serving a term of imprisonment for —
(i) an indictable offence; or
(ii) an assault; or
(iii) an offence under the Drugs, Poisons and Controlled Substances Act 1981; or
(iiia) an offence under the Control of Weapons Act 1990 —
or, in relation to a person —
(iv) not more than 15 years have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or
(v) not more than 5 years have expired since the person finished serving a term of imprisonment of less than 5 years for such an offence; or

(b) a person who is serving a term of imprisonment in another State or a Territory for an offence of a corresponding nature to an offence listed in paragraph (a) or in relation to a person —
(i) not more than 15 years have expired since the person finished serving a term of imprisonment in another State or a Territory of 5 years or more for such an offence; or
(ii) or not more than 5 years have expired since that person finished serving a term of imprisonment in another State or a Territory of less than 5 years for such an offence; or

(ba) a person —
(i) who is serving a term of imprisonment for an offence under section 321 or 321A of the Crimes Act 1958; or
(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment for an offence specified in subparagraph (i); or

(bb) a person —
(i) who is serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence of a corresponding nature to an offence specified in paragraph (ba)(i); or
(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence specified in paragraph (ba)(i); or

(c) a person who is subject to —
(i) a final order under the Family Violence Protection Act 2008 that does not include conditions cancelling or revoking a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or
(ia) a final order under the Family Violence Protection Act 2008 that does include conditions cancelling or revoking a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or
(ib) a final order under the Personal Safety Intervention Orders Act 2010 that does not cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or
(ic) a final order under the Personal Safety Intervention Orders Act 2010 that does cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or
(ii) an old community-based order, within the meaning of clause 1 of Schedule 3 to the Sentencing Act 1991; or
(iia) a community correction order, within the meaning of the Sentencing Act 1991, that has a supervision condition attached under section 48E of the Sentencing Act 1991; or
(iii) a supervision order under section 26 or 38ZH of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 or, in relation to a person, not more than 5 years have expired since the
person was subject to such an order; or
(ca) a declared individual within the meaning of the Criminal Organisations Control Act 2012; or
(cb) a person to whom a control order (within the meaning of the Criminal Organisations Control Act 2012) applies; or

(d) a person, in relation to whom, not more than 12 months have expired since that person was found guilty by a court, whether in Victoria or in another State or a Territory, of —
(i) an offence against this Act, in relation to which it was open to the court to impose a term of imprisonment; or
(ii) an offence against any other Act involving the possession or use of firearms and in relation to which it was open to the court to impose a term of imprisonment; or
(iii) an indictable offence —
and who is not, by virtue of the operation of any other paragraph of this definition, a prohibited person; or

(e) any person who is of a prescribed class of persons;

ID: Q2608

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