FIREARMS ACT 1996 - SECT 16C Provisional pistol (business/employment) licences

FIREARMS ACT 1996 - SECT 16C

16C Provisional pistol (business/employment) licences

(1) A category H (business/employment) licence that is issued to a person who has never held such a licence is to be issued as a provisional pistol (business/employment) licence.

(2) Without limiting section 19, a provisional pistol (business/employment) licence is subject to the following conditions--

(a) the licensee must, before possessing or using a pistol, complete to the satisfaction of the Commissioner an approved firearms training course conducted by the employer,

(b) the licensee must, in addition to the training referred to in paragraph (a), complete--

(i) such further training within 3 months of being granted the licence as is determined by the Commissioner, and

(ii) such other training as may be required by the Commissioner during the term of the licence,

(c) the licensee must hold a class 1F licence issued under section 11 of the Security Industry Act 1997 ,

(d) for the first 6 months of the term of the licence, the licensee must not possess or use a pistol unless the licensee is under the direct supervision (as determined in accordance with the regulations) of a natural person who has continuously held, for a period of more than 12 months--

(i) a category H (business/employment) licence that is not a provisional pistol (business/employment) licence, and

(ii) a class 1F licence under the Security Industry Act 1997 .

Note : The licence may also be subject to other conditions--see section 19.

(3) The Commissioner must revoke a provisional pistol (business/employment) licence if the Commissioner is satisfied that the licensee has failed to comply with a condition under this section.

(4) If the holder of a provisional pistol (business/employment) licence contravenes the condition referred to in subsection (2) (d), the person who is (at the time of the contravention) the master licensee who is the employer of the licensee is guilty of an offence.

: Maximum penalty--

(a) in the case of a corporation--200 penalty units, or

(b) in the case of an individual--100 penalty units.

(5) If--

(a) the holder of a provisional pistol (business/employment) licence applies for a category H (business/employment) licence before the term of the provisional pistol (business/employment) licence expires, and

(b) the application has not been dealt with by the time the provisional pistol (business/employment) licence expires,

the authority conferred by the provisional pistol (business/employment) licence continues until such time as the person is notified of the issue of, or refusal of, the category H (business/employment) licence.

(6) A provisional pistol (business/employment) licence is automatically revoked if the licensee ceases to be employed during the term of the licence by the approved master licensee specified in the application for the licence as required by section 16 (5).