South Australian Consolidated Acts South Australian Consolidated Acts12—Application for firearms licence
(1) An application for
a firearms licence—
(a) must
be made to the Registrar in the prescribed manner and form; and
(b) must
contain the prescribed information; and
(c) must
be accompanied by any certificates, declarations, references, reports or other
documents required by the regulations or by the Registrar.
(2) The Registrar may
require an applicant—
(a) to
furnish such further information as may be necessary to enable the Registrar
to determine the application; or
(b) to
verify by statutory declaration information furnished in relation to the
application.
(3) Subject to
subsection (4), an application for a firearms licence cannot be made by a
person under the age of 18 years.
(4) An application for
a firearms permit may be made by a person who has reached the age of 15 years
but who has not reached the age of 18 years if that person is the spouse,
child, brother, sister or employee of a person who holds a firearms licence
and who carries on the business of primary production.
(4a) A firearms permit
may only authorise the possession and use of class A or B firearms registered
in the name of the spouse, parent, brother, sister or employer of the licence
holder and may only authorise use of the firearm for the purposes of the
business of primary production carried on by that person.
(5) The Registrar must
not grant an application for a firearms licence unless satisfied—
(a) as
to the identity of the applicant (the Registrar may require the applicant to
identify himself or herself in the same manner and to the same extent as could
be required if the applicant were opening an account at an ADI); and
(ab) as
to the age and the residential and postal addresses of the applicant; and
(b) that
the applicant intends using the firearm, or a firearm of the class, to which
the licence relates for the purpose or purposes endorsed on the licence in
relation to that firearm or firearms of that class.
(5a) The Registrar may
refuse an application for a firearms licence if the applicant is not usually
resident in the State.
(6) Subject to this
section, where an application for a firearms licence is properly made
the Registrar may only refuse the application if—
(a)
—
(i)
the Registrar is not satisfied that the applicant is a
fit and proper person to hold the licence applied for; or
(ii)
the proposed licence would authorise possession of a
class C or D firearm and the Registrar would not be prepared to grant a permit
to the applicant to acquire a firearm of that class; or
(iii)
the Registrar is not satisfied that the applicant will
keep firearms in his or her possession secured in accordance with this Act; or
(iv)
the Registrar is satisfied that the applicant could not
use any firearm for the purpose or one or more of the purposes to be endorsed
on the licence; or
(v)
the Registrar is satisfied that the applicant could not
use any firearm of the class or one or more of the classes to be endorsed on
the licence in accordance with the conditions of the licence; or
(vi)
to grant the application would, in the Registrar's
opinion, be contrary to the public interest.
(7) An application for
a firearms licence authorising possession of a prescribed firearm can only be
granted if the Registrar is satisfied—
(a) that
the prescribed firearm will be used for a purpose authorised by the
regulations; and
(b) that
the applicant is a fit and proper person to have possession of the
prescribed firearm.
(7a) If—
(a)
the Registrar refuses an application for a firearms licence on the ground that
to grant the licence would, in the Registrar's opinion, be contrary to the
public interest; and
(b)
the Registrar made the decision because of information that is classified by
the Registrar as criminal intelligence,
the Registrar is not required to provide any reasons for the Registrar's
decision to the applicant other than that the decision was made on public
interest grounds under this section.
(7b) An application
for a collector's licence may be refused if the Registrar is not satisfied
that—
(a) the
applicant has, or genuinely intends to acquire, a collection of firearms that
has, or will have, significant commemorative, historical, investment or other
value; or
(b)
—
(i)
in the case of an application for a new collector's
licence (as distinct from the renewal of a licence)—the applicant has
been an active member of a collectors' club for the preceding 12 months; or
(ii)
in the case of an application for renewal of a
collector's licence—the applicant has been an active member of a
collectors' club for each licence year of the licence.
(7c) An application
for a firearms licence authorising possession of class H firearms may be
refused if—
(a) the
applicant was the holder of a firearms licence authorising possession of
class H firearms that was, on application made by the person within the period
of six months from the commencement of this subsection—
(i)
cancelled; or
(ii)
altered so that class H firearms ceased to be endorsed on
it; and
(b) not
more than five years has elapsed since the end of that period.
(7d) An application
for renewal of a shooting club member's licence authorising possession of
class H firearms may be refused if the Registrar is not satisfied that the
applicant has been an active member of a shooting club for each licence year
of the licence.
(8) An application for
a new firearms licence (as distinct from the renewal of a licence) must not be
granted until at least 28 days after the application was made.
(9) The Registrar will
be taken to have refused an application for a firearms licence if the
application has not been granted within 90 days after it was made.
(10) A
firearms licence does not come into force until the prescribed application fee
has been paid.
(11) A person may hold
a collector's licence and another firearms licence for other purposes at the
same time.