Victorian Current Acts

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FIREARMS ACT 1996 - SECT 112M

Further right to apply for review of decision to make firearm prohibition order

    (1)     Subject to subsection (2), during the operation of a firearm prohibition order, the individual to whom the order applies may apply to VCAT for a review of the decision to make the order.

    (2)     An application under subsection (1) may be made if more than half the time for which the order is in force under this Act has expired.

    (3)     An application under subsection (1) must not be made more than once in respect of an order.

    (4)     The right to apply for review under subsection (1)—

        (a)     is in addition to the right set out in section 112L; and

        (b)     may be exercised irrespective of whether a right under section 112L has been exercised.

    (5)     Sections 45(2) and 50(3) of the Victorian Civil and Administrative Tribunal Act 1998 do not apply to a review applied for under subsection (1).

    (6)     In making a decision on a review applied for under subsection (1), VCAT may—

        (a)     have regard to all information and material on which the decision to make the order was based; and

        (b)     any other relevant information and material.

S. 112N inserted by No. 2/2018 s. 22.



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