Northern Territory Consolidated Acts

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FIREARMS ACT 1997 - SECT 10

General restrictions on grant of licence

    (1)     The Commissioner, on receiving an application for a licence, may grant or refuse to grant the licence.

    (2)     Subject to subsection (5), the Commissioner is not to grant a shooter's licence or a firearms club junior licence until 28 days after the day on which the application is made.

    (2A)     The Commissioner is not to grant a licence to a person who has been found guilty of an offence against this Act or the Weapons Control Act 2001 or in which a firearm was involved unless:

        (a)     in a case where, on the trial or hearing in relation to the offence:

            (i)     an order under section 10 or 11 of the Sentencing Act 1995 or mentioned in section 130(2) of that Act (or a provision of a law in force in the jurisdiction in which the offence was committed that, in the opinion of the Commissioner, is of similar effect) has been made directing that the person be discharged on giving security in accordance with the section; or

            (ii)     a pecuniary penalty only has been imposed;

    and not less than 2 years have elapsed since the person was found guilty of the offence; and

        (b)     in the case where a custodial sentence was imposed – 5 years have elapsed since the applicant was found guilty of the offence or released from custody, whichever is the later.

    (2B)     The Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant has failed to supply material information or has supplied information that is false or misleading.

    (3)     Subject to subsections (6) and (6A), the Commissioner must not grant a licence unless satisfied the applicant or, for an application for a paintball operator licence, the representative:

        (a)     is at least 18 years of age unless the licence applied for is a firearms club junior licence; and

        (b)     is a fit and proper person; and

        (c)     has completed an approved firearms training and safety course; and

        (d)     is able to meet the storage and safety requirements under this Act; and

        (e)     resides in the Territory or is about to become a resident of the Territory; and

        (f)     has not, within the period of 10 years before the application for the licence was made, been found guilty in the Territory or elsewhere of a disqualifying offence; and

        (fa)     has not, within the period of 5 years before the application for the licence was made, been found guilty in the Territory or elsewhere of an offence of violence; and

        (g)     does not have a final domestic violence order in force against him or her and has not, within the period of 5 years before the application for the licence was made, had a final domestic violence order in force against him or her; and

        (ga)     does not have a personal violence restraining order in force against him or her; and

        (h)     is not subject to an order, made in the Territory or elsewhere, to keep the peace.

    (4)     Without limiting subsection (3)(b), the Commissioner is not to grant a licence if the Commissioner has reasonable cause to believe that the applicant or representative may not personally exercise continuous and responsible control over firearms because of:

        (a)     the applicant's or representative's way of living or domestic circumstances; or

        (b)     any attempts by the applicant or representative to commit suicide or cause a self-inflicted injury; or

        (c)     the applicant's or representative's intemperate habits or being of unsound mind.

    (5)     The Commissioner may grant a shooter's licence before the expiration of the period mentioned in subsection (2) if the applicant was, at the time of making the application, the holder of a shooter's licence and the prescribed checks have been completed.

    (6)     Subsection (3)(c) does not apply to:

        (a)     an applicant who is already the holder of a licence when the application is made; or

        (b)     an application for a paintball operator licence.

    (6A)     Subsection (3)(d) does not apply to an application for a paintball operator licence.

    (7)     Except in the case of a firearms dealer licence, firearms museum licence, firearms club licence, firearms corporate licence or paintball operator licence, a licence may only be granted to an individual.

    (8)     The Commissioner may refuse to grant a licence if the Commissioner considers that the grant of the licence would be contrary to the public interest.

    (8A)     The Commissioner must refuse to grant a licence if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the applicant or representative, that:

        (a)     the applicant or representative is a risk to public safety; and

        (b)     the grant of the licence would be contrary to the public interest.

    (8B)     The Commissioner is not, under this or any other Act or law, required to give reasons for refusing to grant a licence on the grounds mentioned in subsection (8A).

    (9)     The Regulations may provide other mandatory or discretionary grounds for refusing to grant a licence.



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