FIREARMS ACT 1996 - SECT 12 Genuine reasons for having a licence

FIREARMS ACT 1996 - SECT 12

12 Genuine reasons for having a licence

(cf APMC 3, 1990 Reg cl 22A)

(1) The Commissioner must not issue a licence that authorises the possession and use of a firearm unless the Commissioner is satisfied that the applicant has a genuine reason for possessing or using the firearm.

(2) An applicant does not have a genuine reason for possessing or using a firearm if the applicant intends to possess or use the firearm for any of the following reasons--

(a) personal protection or the protection of any other person,

(b) the protection of property (other than in circumstances constituting a genuine reason as set out in the Table to this section).

(3) Subsection (2) does not limit the reasons which the Commissioner may be satisfied are not genuine reasons for the purposes of justifying the possession or use of a firearm.

(4) Subject to this Act, an applicant for a licence has a genuine reason for possessing or using a firearm if the applicant--

(a) states that he or she intends to possess or use the firearm for any one or more of the reasons set out in the Table to this section, and

(b) is able to produce evidence to the Commissioner that he or she satisfies the requirements specified in respect of any such reason.

Table Reason: sport/target shooting

The applicant must be a current member of a shooting club approved by the Commissioner in accordance with the regulations, and which conducts competitions or activities requiring the use of the firearm for which the licence is sought.

Reason: recreational hunting/vermin control

The applicant must--

(a) be the owner or occupier of rural land, or

(b) produce proof of permission given by the owner or occupier of rural land, or by an officer or employee of the National Parks and Wildlife Service, the Department of Industry or other authority prescribed by the regulations, to shoot on rural land, or

(b1) produce proof of permission given by a land manager within the meaning of the Forestry Act 2012 to shoot on land in respect of which the land manager is authorised to exercise functions as land manager under that Act, or

(c) be a current member of a hunting club approved by the Commissioner in accordance with the regulations.

The regulations may provide for the manner and form in which any such permission is to be given, the extent to which it operates, and how it is to be produced as evidence by the applicant. A person does not, so long as the person is authorised to give permission to shoot on land referred to in paragraph (b) or (b1), incur any liability merely because the person gives the applicant permission to shoot on the land concerned.

Reason: primary production

The applicant must--

(a) be a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and

(b) state that he or she intends to use the firearm solely in connection with farming or grazing activities (including the suppression of vertebrate pest animals on the land concerned).

Reason: vertebrate pest animal control

The applicant must be--

(a) a professional contract shooter engaged or employed in controlling vertebrate pest animals on rural land, or

(b) a person employed by or in, or authorised by, a government agency prescribed by the regulations that has functions relating to the control or suppression of vertebrate pest animals, or

(c) a person whose occupation is the business of a primary producer, or who is the owner, lessee or manager of land used for primary production, and who is participating in an authorised campaign conducted by or on behalf of a government agency or public authority to eradicate large feral animals or animals that are affected by brucellosis or tuberculosis.

Reason: business or employment

The applicant must demonstrate that it is necessary in the conduct of the applicant's business or employment to possess or use the firearm for which the licence is sought.

Reason: occupational requirements relating to rural purposes

The applicant must be employed or engaged in a rural occupation that requires the possession or use of the firearm for which the licence is sought.

Reason: animal welfare

The applicant must be--

(a) an officer of the RSPCA or the Animal Welfare League who is appointed by the Minister administering the Prevention of Cruelty to Animals Act 1979 as an officer for the purposes of that Act, or

(b) a veterinary practitioner, or

(c) a person who is employed in the Department of Industry or is a member of staff of Local Land Services and who has responsibility for animal welfare, or

(d) an owner, transporter, drover or other handler of animals who may need to destroy animals to avoid suffering.

Reason: firearms collection

The applicant must--

(a) be a current member of a collectors' society or club approved by the Commissioner in accordance with the regulations, and

(b) provide a written statement by that collectors' society or club confirming that the applicant's firearms collection has a genuine commemorative, historical, thematic or financial value.