Northern Territory Consolidated Acts

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FIREARMS ACT - SECT 33

General restrictions on granting permits

    (1)     The Commissioner is not to grant a permit unless satisfied that the applicant:

        (a)     is at least 18 years of age unless:

            (i)     the applicant is the holder of a firearms club junior licence; or

            (ii)     the permit is to use under supervision a category H firearm for sports shooting at an approved firearms club; and

        (b)     is a fit and proper person; and

        (c)     has not, within 10 years before the application for the permit was made, been found guilty in the Territory or elsewhere, of a disqualifying offence; and

        (ca)     has not, within 5 years before the application for the permit was made, been found guilty in the Territory or elsewhere, of an offence of violence; and

        (cb)     is able to meet the storage and safety requirements prescribed under this Act or approved by the Commissioner; and

        (d)     does not have a final domestic violence order in force against him or her and has not, within 5 years before the application for the permit was made, had a final domestic violence order in force against him or her; and

        (da)     does not have a personal violence restraining order in force against him or her; and

        (e)     is not subject to an order, made in the Territory or elsewhere, to keep the peace; and

        (f)     if the applicant is the holder of a firearms junior club licence:

            (i)     the applicant is at least 16 years of age and represents the Territory in competition shooting at national or international level; and

            (ii)     the application is accompanied by a written endorsement from the governing body in the Territory for the disciplines in which the applicant shoots that the applicant is a representative of the Territory.

    (1A)     The Commissioner is not to grant a permit if the applicant is prohibited from holding a licence to own or possess a firearm:

        (a)     under this or any other Act; or

        (b)     under an Act of the Commonwealth, a State or another Territory; or

        (c)     by an order or direction of a court (whether made or given in the Territory or elsewhere).

    (2)     Without limiting subsection (1), the Commissioner is not to grant a permit if the Commissioner has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over firearms because of:

        (a)     the applicant's way of living or domestic circumstances; or

        (b)     any previous attempt by the applicant to commit suicide or cause a self-inflicted injury; or

        (c)     the applicant's intemperate habits or being of unsound mind.

    (3)     The Commissioner may refuse to grant a permit if the Commissioner considers that to grant the permit would be contrary to the public interest.

    (3A)     The Commissioner must refuse to grant a permit if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information the Commissioner holds about the applicant or representative, that:

        (a)     the applicant is a risk to public safety; and

        (b)     the grant of the permit would be contrary to the public interest.

    (3B)     The Commissioner is not, under this or any other Act or law, required to give reasons for refusing to grant a permit on the grounds mentioned in subsection (3A).

    (4)     The Regulations may provide other mandatory or discretionary grounds for refusing to grant a permit.

    (5)     This section does not apply to an application for a paintball operator permit.



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