Victorian Current Acts

FIREARMS ACT 1996 - SECT 79

    (1)     The Chief Commissioner may cancel a dealers licence suspended under section 77 if, after considering any submissions made within the time fixed for making submissions, the Chief Commissioner is satisfied—

        (a)     that the holder has knowingly supplied false or misleading information in a material particular in, or in connection with the application for the licence or the renewal of the licence; or

        (b)     that the holder has contravened or failed to comply with the conditions of the licence; or

        (c)     that the holder has contravened or failed to comply with any requirement for the storage of firearms possessed, carried or used under the licence; or

        (d)     that the holder of the licence no longer carries on business at the premises specified in the licence; or

        (e)     that—

              (i)     the holder of the licence or any responsible person in relation to the licence; or

S. 79(1)(e)(ii) amended by No. 28/2003 s. 37(a).

              (ii)     any person employed in the business; or

S. 79(1)(e)(iii) inserted by No. 28/2003 s. 37(b).

              (iii)     any close associate of the holder of the licence—

is no longer a fit and proper person; or

        (f)     that—

              (i)     the holder of the licence or any responsible person in relation to the licence; or

              (ii)     any person employed in the business—

cannot carry on, or be employed in the business without being a danger to public safety or peace; or

        (g)     that—

              (i)     the holder of the licence or any responsible person in relation to the licence; or

              (ii)     any person employed in the business—

has contravened a provision of this Act or the regulations; or

        (h)     that the premises in respect of which the licence has been issued have become unsuitable to carry on the business of being a firearms dealer; or

              (i)     that the holder is no longer entitled to hold the licence for any other prescribed reason.

S. 79(2) inserted by No. 55/2014 s. 99.

    (2)     A person referred to in subsection (1)(e) is presumed not to be a fit and proper person for the purposes of that paragraph if he or she is a declared organisation member.

S. 79(3) inserted by No. 55/2014 s. 99.

    (3)     A presumption under subsection (2) may be rebutted.