(1) If the holder of a firearms dealer licence:
(a) employs a prescribed person in the business authorised by the licence; or
(b) permits a prescribed person to act as an agent for, or participate in the management of, that business;
the holder and the prescribed person are each guilty of an offence.
Maximum penalty: 400 penalty units or imprisonment for 2 years.
(2) It is a defence to the prosecution of the holder of a firearms dealer licence for an offence against subsection (1) if the defendant proves that he or she did not know, and could not reasonably have been expected to know, that the person was a prescribed person.
(3) In this section:
"prescribed person" means a person who, whether in the Territory or elsewhere:
(a) has, within the preceding 10 years, had his or her firearms dealer licence revoked; or
(b) has, within the preceding 10 years, had his or her application for a licence or permit refused, or had his or her licence or permit revoked, on the grounds that the Commissioner:
(i) was not satisfied that the person was a fit and proper person; or
(ii) considered that a grant of the licence or permit to the person would be contrary to the public interest; or
(c) has been found guilty of a disqualifying offence within the preceding 10 years; or
(d) has been found guilty of an offence of violence within the preceding 5 years; or
(e) has a final domestic violence order in force against him or her or has, within the preceding 5 years, had a final domestic violence order in force against him or her; or
(ea) has a personal violence restraining order in force against him or her; or
(f) is the subject of an order to keep the peace; or
(g) is the holder of a firearms licence that is suspended or was the holder of a firearms licence that expired while the licence was suspended and the person has not been granted another licence or a permit; or
(h) is prohibited from applying for a licence by a provision of this Act or an order of a court.