Australian Capital Territory Consolidated Regulations

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PROHIBITED WEAPONS REGULATION 1997 - REG 5

General grounds for refusal to issue permits

    (1)     The registrar must not issue a permit unless satisfied that the applicant is a fit and proper person to have possession of a prohibited weapon or prohibited article without danger to public safety or to the peace.

    (2)     Without limiting subsection (1), the registrar must not issue a permit if the registrar has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over a prohibited weapon or prohibited article because of the applicant's way of living or domestic circumstances.

    (3)     The registrar must not issue a permit to someone if—

        (a)     the person has been convicted within the relevant period in the ACT, or elsewhere, of a prescribed offence, whether or not the offence is an offence against territory law; or

        (b)     the person is, or has been within the relevant period, subject to a protection order or corresponding order; or

        (c)     the person is subject to an interim protection order or a corresponding order; or

        (d)     the person is subject to an undertaking to keep the peace (whether or not the undertaking was given in the ACT); or

        (e)     a permit issued to the person under the Act, or a licence or permit issued to the person under the Firearms Act 1996 , has been cancelled.

    (4)     For subsection (3) (b):

"protection order "does not include a protection order that has been revoked.

    (5)     The registrar may refuse to issue a permit if the registrar considers that issuing the permit would be contrary to the public interest.

    (6)     In this section:

"corresponding order", in relation to a protection order or interim protection order, means an order under a law of a State, another Territory or New Zealand that has the same effect or substantially the same effect as a protection order or interim protection order.

"interim protection order"—see the Domestic Violence and Protection Orders Act 2008 , dictionary, definition of interim order .

Note     See also s (7).

"prescribed offence" means an indictable offence involving actual or threatened violence or the use of a firearm, prohibited weapon or prohibited article.

"protection order"—see the Domestic Violence and Protection Orders Act 2008 , dictionary, definition of final order .

Note     See also s (7).

"relevant period", in relation to an application for a permit, means the 10 years before the day the application was made.

    (7)     In subsection (6):

"interim protection order" includes—

        (a)     an interim protection order made under the Domestic Violence Act 1986 ; and

        (b)     an interim restraining order made under the Magistrates Court Act 1930 .

"protection order" includes—

        (a)     a protection order made under the Domestic Violence Act 1986 ; and

        (b)     a restraining order made under the Magistrates Court Act 1930 .

    (8)     The notes to subsection (6), definitions of interim protection order" and " protection order , subsection (7) and this subsection, expire on 27 March 2012.



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