Citation(s) from the GunPolicy.org literature library

Victoria. 1998 ‘General Discretion of Chief Commissioner to Refuse a Longarm or Handgun Licence.’ Firearms Act 1996 No. 66 of 1996 (Version No. 080, as of 1 December 2015); Part 2 (Section 17). Melbourne: Department of Justice, Victoria. 31 January

Relevant contents

17. General discretion of Chief Commissioner to refuse a longarm or handgun licence

(1) The Chief Commissioner must not issue a longarm or handgun licence —

(a) if the applicant or any responsible person in relation to the application is a prohibited person; or
(ab) if the applicant is not ordinarily resident in Victoria unless —
(i) the Chief Commissioner is satisfied that the applicant requires the licence for work purposes in Victoria; and
(ii) the applicant is not a person to whom section 185(2A) or (2B) applies; or

(b) if the applicant or any responsible person in relation to the application is under the age of 18 years; or

(c) unless the Chief Commissioner is satisfied that —
(i) the applicant and all the responsible persons in relation to the application are fit and proper persons; and
(ia) in particular, in relation to an applicant for a handgun licence, that there is no information as to criminal activities on the part of the applicant that is known to the Chief Commissioner that would cause the Chief Commissioner not to be satisfied that the person is a fit and proper person; and
(ii) the applicant can possess, carry or use a firearm without being a danger to public safety or peace; and
(iii) the applicant has satisfactorily completed a course of firearms safety approved by the Chief Commissioner and has a good knowledge of firearms law; and
(iiia) in the case of an applicant for a paintball marker licence, that the applicant has satisfactorily completed a paintball safety course approved by the Chief Commissioner; and
(iv) the applicant can comply with the storage requirements set out by or under the Act; and
(v) the issue of the licence is not against the public interest; or

(ca) if —
(i) the applicant has surrendered a handgun licence; and
(ii) the applicant has received compensation for the surrender of a handgun held under that licence; and
(iii) the applicant does not require the licence for the reason set out in section 15(1)(a) or 15(1)(c) —
during a period of 5 years from the date of the surrender of the licence; or

(d) for any prescribed reason.

(2) An applicant, or a responsible person in relation to an application, is presumed not to be a fit and proper person for the purposes of subsection (1)(c)(i) if he or she is a declared organisation member.

ID: Q2618

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