Northern Territory Consolidated Acts

FIREARMS ACT - SECT 40

(1) A licence, permit or a certificate of registration is automatically revoked:

(a) on a final domestic violence order or an order to keep the peace being made against the holder; or

(b) on the holder being found guilty of a disqualifying offence, an offence of violence or an offence against this Act.

(2) The Commissioner is, by written notice served on the holder of a licence or permit, to revoke the licence or permit if satisfied that the holder has failed to comply with a condition of the licence or permit that is prescribed for the purposes of this subsection.

(2A) The Commissioner must, by written notice served on the holder of a licence or permit, revoke the licence or permit if satisfied that the loss or theft of a firearm was due to the negligence or fraud of the holder.

(3) The Commissioner may, by written notice served on the holder of a licence, permit or certificate of registration, revoke the licence, permit or certificate:

(a) for any reason for which the holder would be required to be refused a licence or permit of the same kind or a certificate of registration; or

(b) if the holder supplied information that was false or misleading in a material particular in, or in connection with, the application for the licence, permit or certificate of registration; or

(c) if the holder is found guilty of an offence against a law in force in the Territory, or an offence in a State or another Territory of the Commonwealth, (whether committed before or after the granting of the licence, permit or certificate) relating to a firearm or the possession or use of a firearm or any other offence that, in the opinion of the Commissioner, makes the holder not fit to possess or use a firearm or to hold a licence, permit of the kind held or a certificate; or

(d) in the case of a licence or permit, if the holder contravenes a condition of the licence or permit; or

(e) if the Commissioner is of the opinion that the holder is no longer a fit and proper person to hold the licence, permit or certificate; or

(f) in the case of a firearms dealer licence, if:

(i) the holder is not in charge of the premises used under the licence to carry on the business; or

(ii) the holder no longer deals in firearms; or

(iii) the premises used under the licence to carry on the business are no longer satisfactory for that purpose; or

(g) in the case of a firearms armourer licence, if:

(i) the holder is not in charge of the premises used under the licence to carry on the business; or

(ii) the holder no longer repairs or stores firearms; or

(iii) the premises used under the licence to carry on the business are no longer satisfactory for that purpose; or

(h) in the case of a firearms collector licence, if:

(i) the holder of the licence is no longer a bona fide collector of firearms or is not, or will no longer be, in charge of the premises where the firearms are usually kept; or

(ii) the premises where the firearms are usually kept are no longer satisfactory for the storage or safe keeping of the firearms; or

(j) in the case of a firearms corporate licence, if:

(i) the holder no longer has a good reason for employees to possess or use firearms; or

(ii) the holder's premises are no longer satisfactory for the storage or safe keeping of firearms; or

(k) in the case of a firearms employee licence, if the holder is no longer an employee of the holder of the firearms corporate licence or is no longer carrying out the duties in relation to which the licence was granted; or

(l) in the case of a paintball operator licence or permit, if:

(i) the holder is no longer entitled to use the approved paintball range; or

(ii) the holder no longer carries on the business of paintball operator at the approved paintball range.

(4) The revocation of a licence, permit or certificate of registration under subsection (2) or (3) takes effect when notice is served on the holder or on a later date specified in the notice, whether or not an appeal is lodged against the revocation.

(5) A person must, immediately after a notice under this section is served on him or her, or where in the notice the person is allowed time to sell or otherwise dispose of the firearm, not later than the time so allowed:

(a) surrender the revoked licence, permit or certificate of registration to the Commissioner; and

(b) subject to section 44, deliver a firearm in respect of which the licence, permit or certificate was granted to a member of the Police Force.

Penalty: 50 penalty units or imprisonment for 12 months.

(6) If a licence, permit or certificate of registration is automatically revoked by subsection (1), the person to whom it was granted must immediately:

(a) surrender the revoked licence, permit or certificate of registration to a member of the Police Force; and

(b) deliver a firearm in respect of which the licence, permit or certificate was granted to a member of the Police Force.

Penalty: 50 penalty units or imprisonment for 12 months.