WEAPONS ACT 1990 - SECT 10
Limitations on issue of licence
WEAPONS ACT 1990 - SECT 10
Limitations on issue of licence
10 Limitations on issue of licence
(1) A licence may be issued only to—
(a) an individual under subsection (2)
; or
(b) a body under subsection (3) .
(2) A licence may be issued to an
individual only if the person—
(a) is—
(i) for a licence other than a
minor’s licence—an adult; or
(ii) for a minor’s licence—at least 11
years and otherwise within the age group prescribed under a regulation for the
licence; and
(b) has, under section 10A, an adequate knowledge of safety
practices for the use, storage and maintenance of the weapon or category of
weapon the possession of which is to be authorised by the licence; and
(c)
has access to secure storage facilities for the weapon or category of weapon
possession of which is to be authorised by the licence; and
(d) is not
prevented under this or another Act or by an order of a Magistrates Court or
another court from holding the licence; and
(e) is a fit and proper person to
hold a licence; and
(f) has a reason mentioned in section 11to possess the
weapon or category of weapon; and
(g) resides only in Queensland.
(2A)
Subsection (2) (g) does not apply to a person who—
(a) for a person who
resides in a State adjoining Queensland—
(i) satisfies the authorised
officer that the person has a genuine reason for possessing a weapon for which
a licence is required under this Act; and
(ii) is not disqualified from
obtaining a similar licence in the adjoining State; or
(b) for a person who
resides in a State other than an adjoining State but whose main place of
residence is Queensland—is not disqualified from obtaining a similar licence
in the other State.
(2B) Also, subsection (2) (g) does not apply to a person
who—
(a) resides outside Queensland and intends visiting Queensland to
engage in an activity that is a reason for possession of a weapon under
section 11; and
(b) is entitled by law (whether or not under a licence) to
possess and use a firearm or type of firearm in the State or country where the
person usually resides; and
(c) applies for a licence prescribed under
section 12(k) for visitors to Queensland.
(3) A licence may be issued to a
body, whether incorporated or unincorporated, only if—
(a) for a licence to
be issued to an approved shooting club—
(i) it is endorsed with the name of
an individual, who is a member of the club’s governing body and satisfies
the requirements of subsection (2) (a) to (e) , as the club’s representative
in the conduct of its business or affairs; and
(ii) it is endorsed with the
names and addresses of the individuals who are responsible for the safekeeping
of the weapons or category of weapons possession of which is to be authorised
by the licence when not in use by members of that club; or
(b) for a licence
to be issued to another body, only if—
(i) the body has a reason mentioned
in section 11to possess a weapon; and
(ii) it is endorsed with the name of
an individual, who satisfies the requirements of subsection (2) (a) to (e) ,
as the body’s representative in the conduct of its business or affairs.
(4)
A licence enabling the licensee to carry on a business may be issued only if
it is endorsed with the place at which the business is to be carried on.
(5)
If the business is to be carried on at more than 1 place, a separate
application for each place must be made and a separate licence for each place
issued.
(6) In this section—
"similar licence" , for a weapon in an adjoining or other State, means a
licence, permit or authority issued under the law of the other State entitling
the person to possession of the weapon.