Queensland Consolidated Acts

WEAPONS ACT 1990 - SECT 41

(1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a permit to acquire is lodged may--

(a) make an inquiry or investigation about the applicant or the application; and

(b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant's identity or physical or mental health including--

(i) in relation to the applicant's physical health--a report from a doctor about the applicant's physical health; and

(ii) in relation to the applicant's mental health--a report from a doctor or psychologist about the applicant's mental health; and

(c) inspect the secure storage facilities for the weapon for which the permit to acquire is to be issued; and

(d) supply, for this section, information or a document relevant to the applicant's identity to an officer or member of a State or Commonwealth police service; and

(e) make a report about the applicant or the application; and

(f) make the recommendation about the application the officer thinks appropriate.

(2) If the authorised officer suspects, on reasonable grounds, that the applicant's stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant's identity.

(3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant--

(a) refuses to provide the information reasonably required under subsection (1)(b); or

(b) refuses to allow the inspection under subsection (1)(c); or

(c) fails to comply with a requirement under subsection (2).

(4) If information about the applicant's mental health given under subsection (1)(b) is provided in a doctor's or psychologist's report, an authorised officer may--

(a) make information in the officer's possession available to the doctor or psychologist; and

(b) ask the doctor or psychologist to provide a further report.

(5) The authorised officer may make the information available only if the officer considers, on reasonable grounds--

(a) the doctor or psychologist was not aware of the information; and

(b) the information may influence the doctor's or psychologist's opinion about the applicant's mental health.

(6) The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist.

(7) The authorised officer may make the information available under subsection (4) despite the provisions of any other Act.

(8) Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application--

(a) return to the applicant any identifying particular obtained in the course of inquiries into the application; and

(b) destroy any record or copy of the identifying particular.

(9) Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.

(10) For this section--

applicant includes, for a body, the individual endorsed on the body's licence as the body's representative.