Queensland Consolidated Acts

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WEAPONS ACT 1990 - SECT 10B

10B Fit and proper person--licensees

(1) In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things--

(a) the mental and physical fitness of the person; and
(b) whether a domestic violence order has been made against the person; and
(c) whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and
(ca) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates--
(i) the person is a risk to public safety; or
(ii) that authorising the person to possess a weapon would be contrary to the public interest; and
(d) the public interest.

(2) However, for the issue, renewal or revocation of a licence, a person is not a fit and proper person to hold a licence if, in Queensland or elsewhere within the relevant period--

(a) the person has been convicted of, or discharged from custody on sentence after the person has been convicted of, any of the following offences--
(i) an offence relating to the misuse of drugs;
(ii) an offence involving the use or threatened use of violence;
(iii) an offence involving the use, carriage, discharge or possession of a weapon; or
(b) a domestic violence order, other than a temporary protection order, has been made against the person.

(3) Also, for the issue, renewal, suspension or revocation of a licence, a licensed dealer is not a fit and proper person to hold a licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer.

(4) A person is not a fit and proper person to hold a licence if the person is prevented by an order, other than a temporary protection order, of a Queensland court or another court outside Queensland from holding a licence or possessing a weapon.

(5) In this section--

relevant period means--

(a) for the issue or renewal of a licence--the 5 year period immediately before the day the person applies for the issue or renewal of the licence; or
(b) for the suspension or revocation of a licence--the 5 year period immediately before the date of the suspension notice under section 28, or a revocation notice under section 29, is given for that suspension or revocation.


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