New South Wales Consolidated Acts

FIREARMS ACT 1996 - SECT 44A

44A Prescribed persons not to be involved in firearms dealing business

(1) If a licensed firearms dealer--

(a) employs a prescribed person in the business that is authorised by the licence, or

(b) permits a prescribed person to act as an agent for, or participate in the management of, that business,

the firearms dealer and the prescribed person are each guilty of an offence.

: Maximum penalty--imprisonment for 14 years.

(2) It is a defence for a licensed firearms dealer prosecuted for an offence under subsection (1) if the firearms dealer proves that he or she did not know, and could not reasonably be expected to have known, that the person employed or permitted to act as an agent for, or to participate in the management of, the firearms dealer's business was in fact a prescribed person.

(3) In this section,
"prescribed person" means a person who--

(a) has, within the preceding 10 years, had his or her firearms dealer licence revoked by the Commissioner for any reason, or

(b) has, within the preceding 10 years, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations for the purposes of this section, whether or not the offence is an offence under New South Wales law, or

(c) has, within the preceding 10 years, had his or her application for a licence or permit refused by the Commissioner, or had his or her licence or permit revoked, for either or both of the following reasons--

(i) the Commissioner was not satisfied that the person was a fit and proper person and could be trusted to have possession of firearms without danger to public safety or to the peace,

(ii) the Commissioner considered that issue of the licence or permit to the person would be contrary to the public interest, or

(d) is subject to an apprehended violence order or interim apprehended violence order, or

(e) 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

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

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