New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 29

29 General restrictions on issue of permits

(cf APMC 4 (a), 1990 Reg cl 16)

(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.

(1A) The Commissioner must not issue a permit that authorises the possession or use of a firearm unless the Commissioner is satisfied that the applicant has a legitimate reason for possessing or using the firearm.

(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 interim apprehended violence order or who has, at any time within 10 years before the application for the permit was made, been subject to an apprehended violence order (other than an order that has been revoked), or

(d) is subject to one of the following in relation to an offence prescribed by the regulations--

(i) a good behaviour bond, whether entered into in New South Wales or elsewhere,

(ii) a community correction order imposed in New South Wales,

(iii) a conditional release order imposed in New South Wales, or

(e) is subject to a firearms prohibition order, or

(f) is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000 .

(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.