Western Australian Current Acts Western Australian Current Acts (1) A person who
wishes to apply for a licence or a permit under this Act, other than an
interstate group permit issued under section 17A, shall make application in
the prescribed manner, and shall pay the prescribed fee.
[(2), (3) deleted]
(4) The fee payable on
the issue of —
(a) an
Ammunition Collector’s Licence that is to remain in force for a period
of less than 5 years is the prescribed fee reduced proportionately by
one-sixtieth for each month or portion of a month;
(aa) a
Firearm Collector’s Licence that is to remain in force for a period of
less than 3 years is the prescribed fee reduced proportionately by one
thirty-sixth for each month or portion of a month;
(b) a
licence of any other kind that is to remain in force for a period of less than
12 months is the prescribed fee reduced proportionately by one-twelfth for
each month or portion of a month.
(4a) Before granting
or issuing a licence, permit, or approval to a person under this Act the
Commissioner is to ensure that, for the purpose of forming an opinion as to
whether the person is a fit and proper person to hold the licence, permit, or
approval —
(a)
reference has been made where practicable to relevant criminal records held by
the police forces in this State and elsewhere in Australia; and
(b) if
there is any apparently reliable indication that the person may not meet
standards of mental or physical fitness referred to in section 11(3)(b),
sufficient evidence has been provided to the Commissioner to satisfy the
Commissioner that the person does meet those standards; and
(c) if
there is any apparently reliable indication that for any other reason the
person may not be a fit and proper person to hold the licence, permit, or
approval, sufficient evidence has been provided to the Commissioner to satisfy
the Commissioner that the person is a fit and proper person to hold the
licence, permit, or approval.
(4b) The evidence that
the Commissioner may require before being satisfied that the person meets
standards of mental or physical fitness referred to in section 11(3)(b) may
include a certificate from a medical practitioner to the effect that the
person has been examined and has not been found to have any physical or mental
condition that could reasonably result in the person being considered not to
be a fit and proper person to hold a licence, permit, or approval under this
Act.
(4c) On being provided
with a certificate from a medical practitioner as required under subsection
(4b), the Commissioner may request from the medical practitioner any further
information that the Commissioner considers to be relevant and nothing
prevents the medical practitioner from providing the Commissioner in good
faith with further information about the person.
(4d) Subsection (4c)
has effect despite any duty of confidentiality, and the provision of
information in good faith as requested under that subsection does not give
rise to a criminal or civil action or remedy.
(5) Before any licence
or permit under this Act is issued or renewed the applicant may be required to
prove to the satisfaction of the Commissioner that any firearm to which the
application relates is capable of complying with the prescribed safety
standards and tests applicable thereto.
(6) If the
Commissioner is satisfied that —
(a) the
requirements of this section have been satisfied; and
(b)
there are no grounds upon which the application ought to be refused; and
(c) in
the case of an application for the first issue of a Firearm Licence to a
person, a period of at least 28 days has elapsed since the making of the
application and the applicant has, under subsection (6a), confirmed the desire
to proceed with the application,
the Commissioner is to
enter the prescribed particulars in a Register to be compiled and maintained
for the purpose and grant or issue to the applicant a licence, permit or
approval under this Act.
(6a) An applicant for
the first issue of a Firearm Licence may, during the period commencing 28 days
after the day on which the application was made and ending a further 28 days
after that day, confirm the desire to proceed with the application, and if the
applicant does not do so the application lapses and the licence sought cannot
be issued.
(7) The Register
compiled for the purposes of this section shall be maintained in the
prescribed manner and the licences and permits issued or granted under this
Act shall be in the prescribed form.
(8) Where the
Commissioner refuses an application, whether original or by way of renewal, or
issues it subject to any restriction, limitation or condition, the
Commissioner is to forthwith notify the applicant, in writing, of the reasons
for the decision.
(9) Licences of more
than one kind may be issued to the same person in one document, and a licence
may relate to more than one firearm.
(10) Where a licence
has been issued to any person and that person applies for an additional
licence of the same kind in relation to a further firearm that additional
licence may, on presentation of an application for expedited approval
accompanied by the prescribed noting fee, be noted on the original licence in
any case where the Commissioner is satisfied that the public interest does not
require that the applicant should proceed by way of an originating
application.
(10a) The power given
by subsection (10) cannot be performed under section 5A by a member of the
Police Force unless that member could, under that section, grant the licence
for which application was made.
(11) Where a further
firearm is noted on a current licence the licence applies whilst it remains in
force to that further firearm.
(12) Where an
applicant for a licence, permit or approval under this Act fails to provide to
the Commissioner, on being requested in writing to do so, any information as
to —
(a) any
other person who is to be concerned in, or responsible for, the management of
any business or premises to which the application relates; or
(b) any
employee or agent of the applicant or any person concerned in, or responsible
for, management,
the Commissioner may
regard the granting or issuing of the licence, permit or approval to the
applicant as not desirable in the public interest.
(13) Where a person
who is the holder of a licence, permit or approval under this Act fails to
provide to the Commissioner, on being requested in writing to do so, any
information as to —
(a) any
other person who is to be, or is, concerned in, or responsible for, the
management of any business or premises to which the licence, permit or
approval relates; or
(b) any
employee or agent of the holder or any person concerned in, or responsible
for, management,
the Commissioner may
consider the holder as being no longer a fit and proper person but only after
the holder has been given an opportunity to make a submission to the
Commissioner under section 20(1a).
[Section 18 amended: No. 61 of 1976 s. 3; No. 59
of 1996 s. 18; No. 69 of 2004 s. 17; No. 13 of 2022 s. 27.]
[Heading inserted: No. 13 of 2022 s. 28.]