New South Wales Consolidated Regulations

FIREARMS REGULATION 2017 - REG 5

5 Offences that disqualify applicants

(1) For the purposes of sections 11 (5) (b) and 29 (3) (b) of the Act, the following offences are prescribed--

(a) An offence relating to the possession or use of a firearm or any other weapon, or a firearm part or ammunition, committed under--

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(b) An offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008 , being an offence in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $2,200 or more, and committed under--

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(c) Any of the following--

(i) an offence under Division 8A of Part 3 of the Crimes Act 1900 ,

(ii) an offence under Division 1 of Part 3A of the Crimes Act 1900 ,

(iii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i) or (ii),

(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)-(iii).

(d) An offence committed under the law of any Australian or overseas jurisdiction, being--

(i) an offence involving the infliction of actual bodily harm on a person in respect of which the penalty imposed included any term of imprisonment (whether or not suspended), a community service order, a good behaviour bond or a penalty of $500 or more, or

(ii) an offence involving kidnapping or abduction, or

(iii) an offence involving stalking or intimidation, or

(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraph (ii) or (iii).

(e) An offence of a sexual nature, being--

(i) an offence under Division 10, 10A or 10B of Part 3 of the Crimes Act 1900 , or

(ii) an offence under section 38, 38A, 111, 112 or 113 of the Crimes Act 1900 that has been committed with intent to commit an offence referred to in subparagraph (i), or

(iii) an offence under Division 15 or 15A of Part 3 of the Crimes Act 1900 , or

(iv) an offence under section 11G of the Summary Offences Act 1988 , or

(v) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraphs (i)-(iv), or

(vi) any other offence that, at the time it was committed, would have been an offence referred to in subparagraphs (i)-(iv), or

(vii) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)-(vi).

(f) An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the penalty imposed included a term of imprisonment (whether or not suspended) for 3 months or more, a community service order for 100 hours or more of community service work, or a good behaviour bond.

(g) An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).

(h) An offence under section 93B of the Crimes Act 1900 or any similar offence under--

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(i) An offence under section 93C of the Crimes Act 1900 or any similar offence under--

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(j) An offence relating to terrorism, being--

(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or

(ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

(k) An offence--

(i) committed under section 93T, 93X or 351A of the Crimes Act 1900 , or

(ii) committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

(1A) In subclause (1)--

(a) a reference to a good behaviour bond includes a reference to a community correction order or a conditional release order, but only if it was imposed in NSW, and

(b) a reference to a term of imprisonment (whether or not suspended) includes a reference to an intensive correction order, but only if it was imposed in NSW.

(2) Persons subject to good behaviour bonds For the purposes of sections 11 (5) (d) and 29 (3) (d) of the Act, the following offences are prescribed in respect of a person subject to a good behaviour bond--

(a) an offence referred to in subclause (1) (a), (c), (e) or (g)-(k),

(b) an offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008 , committed under--

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),

(c) an offence committed under the law of any Australian or overseas jurisdiction, being--

(i) an offence involving the infliction of actual bodily harm upon a person, or

(ii) an offence involving kidnapping or abduction, or

(iii) an offence involving stalking or intimidation, or

(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)-(iii),

(d) an offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing.

(3) Persons subject to community correction orders or conditional release orders For the purposes of sections 11(5)(d) and 29(3)(d) of the Act, the following offences are prescribed in respect of a person subject to a community correction order or a conditional release order--

(a) an offence referred to in subclause (1)(a), (c), (e) or (g)-(k),

(b) an offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008 ,

(c) an offence involving any of the following--

(i) the infliction of actual bodily harm on a person,

(ii) kidnapping or abduction,

(iii) stalking or intimidation,

(iv) fraud, dishonesty or stealing,

(d) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in paragraph (c)(i)-(iii).