South Australian Current Acts South Australian Current Acts (1) A person is not a
fit and proper person for a purpose under this Act if—
(a) the
person is prohibited from possessing or using a firearm by an order of a court
whether in South Australia or any other State or Territory of the
Commonwealth; or
(b) a
firearms prohibition order applies to the person or a similar order under
corresponding legislation of another State or Territory of the Commonwealth
applies to the person.
(2) A person who has a
physical or mental illness, condition or disorder, or in relation to whom
other circumstances exist, that would make it unsafe for him or her to possess
a firearm or ammunition is not a fit and proper person for a purpose under
this Act.
(3) A person may be
taken not to be a fit and proper person for a purpose under this Act if the
person—
(a) has
not complied with the requirements of this Act in relation to the safe
handling, use, storage or transport of firearms; or
(b) has
been found guilty of an offence under this Act, the repealed Act or
corresponding legislation of another State or Territory of the Commonwealth;
or
(c) has
been found guilty of an offence involving actual or threatened violence in
South Australia or any other State or Territory of the Commonwealth or in any
other part of the world; or
(d) has
been found guilty of an offence as prescribed by the regulations; or
(e) has
been found guilty of fraud or deception for the purpose of obtaining a licence
or permit under this Act or under corresponding legislation of another State
or Territory of the Commonwealth; or
(f) is
the subject, or has in the past been the subject, of—
(i)
an intervention order under the
Intervention Orders (Prevention of Abuse) Act 2009 or any other order of
a similar nature made by a court whether in this State or any other State or
Territory of the Commonwealth; or
(ii)
a foreign restraining order; or
(g) has
failed to comply with a requirement made under section 53.
(4) In deciding
whether a person is a fit and proper person for a purpose under this
Act—
(a)
regard may be had to the reputation, honesty and integrity of the person,
close associates of the person and any people with whom the person associates;
and
(b)
regard must be had to—
(i)
any risk of the person using a firearm for an unlawful
purpose; or
(ii)
any risk of the person using a firearm to harm himself or
herself; or
(iii)
any risk that the person will cause injury or harm to
another by the use or threatened use of a firearm; or
(iv)
any risk of the person failing to exercise continuous and
responsible control over a firearm,
and, in that connection, regard may be had to the person's past behaviour,
instability, intemperate habits, way of living or domestic circumstances.
(5) A person may be
taken not to be a fit and proper person for a purpose under this Act if the
person has made a threat of violence, or stated the intention, or sought, to
acquire or use a prescribed firearm or any firearm for an unauthorised
purpose.
(6) For the purposes
of this Act, persons are "close associates if—
(a) 1 is
a relative of the other; or
(b) they
are in partnership; or
(c) they
are related bodies corporate within the meaning of the
Corporations Act 2001 of the Commonwealth; or
(d) 1 is
a body corporate and the other is a director, manager, secretary or public
officer of the body corporate; or
(e) 1 is
a body corporate (other than a public company whose shares are listed on a
stock exchange) and the other is a shareholder in the body corporate; or
(f) 1 is
a trustee of a trust and the other is a beneficiary of the trust or, in the
case of a discretionary trust, an object of the trust; or
(g) 1
has a right to participate, or participates, (otherwise than as a shareholder
in a body corporate) in income or profits derived from a business conducted by
the other; or
(h) 1 is
in a position to exercise, or exercises, control or significant influence over
the conduct of the other.
(7) This section does
not limit the grounds on which a person may be taken not to be a
fit and proper person for a purpose under this Act.