New South Wales Consolidated Regulations

FIREARMS REGULATION 2006 - REG 5

5 Offences that disqualify applicants

(cf 1997 cl 5)

(1) For the purposes of sections 11 (5) (b) and 29 (3) (b) of the Act, the following offences are prescribed offences regardless of whether they are committed in New South Wales:

(a) An offence relating to the possession or use of a firearm, or any other weapon, committed under:

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(b) An offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2008 , in respect of which the penalty imposed was imprisonment for 6 months or more, or a penalty of $2,200 or more, or both, committed under:

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction).

(c) An offence committed under the law of any Australian or overseas jurisdiction, being:

(i) an offence involving the infliction of actual bodily harm upon a person in respect of which the penalty imposed was imprisonment for 28 days or more, or a penalty of $200 or more, or both, or

(ii) an offence involving kidnapping or abduction, or

(iii) an offence involving stalking or intimidation, or

(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)-(iii).

(d) An offence of a sexual nature, being:

(i) an offence under Division 10 of Part 3 of the Crimes Act 1900 , or

(ii) an offence under section 38, 111, 112 or 113 of the Crimes Act 1900 that has been committed with intent to commit an offence referred to in subparagraph (i), or

(iii) an offence under Division 15 or 15A of Part 3 of the Crimes Act 1900 , or

(iv) an offence under section 11G of the Summary Offences Act 1988 , or

(v) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraphs (i)-(iv), or

(vi) any other offence that, at the time it was committed, would have been an offence referred to in subparagraphs (i)-(iv), or

(vii) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)-(vi).

(e) An offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing, being an offence in respect of which the penalty imposed was imprisonment for 3 months or more.

(f) An offence under the law of any Australian or overseas jurisdiction involving robbery (whether armed or otherwise).

(g) An offence relating to terrorism, being:

(i) an offence under Part 6B of the Crimes Act 1900 or against Part 5.3 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or

(ii) an offence committed elsewhere than in New South Wales that, if committed in New South Wales, would be an offence referred to in subparagraph (i).

(h) An offence committed under section 93IK, 93T or 351A of the Crimes Act 1900 .

(2) Persons subject to good behaviour bonds For the purposes of sections 11 (5) (d) and 29 (3) (d) of the Act, the following offences are prescribed regardless of whether they are committed in New South Wales:

(a) an offence referred to in subclause (1) (a), (d) or (f)-(h),

(b) an offence in respect of a prohibited plant or prohibited drug within the meaning of the Drug Misuse and Trafficking Act 1985 , or a prescribed restricted substance within the meaning of the Poisons and Therapeutic Goods Regulation 2002 , committed under:

(i) the law of any Australian jurisdiction, or

(ii) the law of any overseas jurisdiction (being an offence that, had it been committed in Australia, would be an offence under the law of an Australian jurisdiction),

(c) an offence committed under the law of any Australian or overseas jurisdiction, being:

(i) an offence involving the infliction of actual bodily harm upon a person, or

(ii) an offence involving kidnapping or abduction, or

(iii) an offence involving stalking or intimidation, or

(iv) an offence of attempting to commit, threatening to commit or conspiring to commit an offence referred to in subparagraphs (i)-(iii),

(d) an offence under the law of any Australian or overseas jurisdiction involving fraud, dishonesty or stealing.