South Australian Consolidated Acts South Australian Consolidated Acts20—Cancellation, variation and suspension of licence
(1) If the Registrar
is satisfied that the holder of a licence—
(aa)
obtained the licence improperly; or
(a) has
contravened or failed to comply with a provision of this Act or a condition of
the licence; or
(b) is,
for any reason, not a fit and proper person to hold the licence; or
(c) in
the case of a dealer's licence—
(i)
has a close associate who is not a fit and proper person
to be a close associate of the holder of such a licence; or
(ii)
is not primarily responsible for the management of the
business carried on under the licence,
the Registrar may, by notice in writing served personally or by registered
post on the holder of the licence, cancel the licence.
(1a) Where
the Registrar is satisfied that—
(a) it
would be contrary to the public interest to permit the holder of a
firearms licence to continue to possess and use firearms; or
(b) the
holder of a firearms licence can no longer use any firearm for one or more of
the purposes endorsed on his or her licence; or
(c) a
class of firearms to which the licence applies can no longer be used by the
holder of the licence in accordance with the conditions of the licence,
the Registrar may, after giving the holder of the licence at least 14 days
written notice—
(d)
where paragraph (a) applies—cancel the licence; or
(e)
where paragraph (b) applies—vary the licence by removing the
relevant purpose or purposes from the licence; or
(f)
where paragraph (c) applies—vary the licence so that it no longer
authorises the possession and use of that class of firearms.
(1b) The cancellation
or variation of a licence under subsection (1a) will be effected by
written notice served personally or by registered post on the holder of the
licence.
(2) The Registrar may,
by notice in writing served personally or by registered post on the holder of
a licence, suspend the licence pending an investigation as to whether the
licence should be cancelled under subsection (1) or (1a).
(3) A notice served on
the holder of a licence cancelling, varying or suspending the licence under
this section must set out the Registrar's reasons for the cancellation,
variation or suspension.
(3a) If the Registrar
cancels a licence under this section and made the decision because of
information that is classified by the Registrar as criminal intelligence,
the Registrar is not required to give any reasons for the Registrar's decision
other than that the decision was made on public interest grounds under this
section.
(3b) The Registrar
may, on the application of the holder of a licence, cancel the licence.
(4) The Registrar may,
on his or her own initiative or on application by a person whose licence is
suspended, revoke the suspension.
(5) Where a
firearms licence held by a person—
(a) has
been cancelled or suspended and—
(i)
the person was a member of a recognised firearms club; or
(ii)
the licence authorised the person to use a firearm in the
course of his or her employment; or
(b) has
been varied and, as a result, the person is no longer entitled to use a
firearm—
(i)
as a member of a recognised firearms club; or
(ii)
in the course of his or her employment,
the Registrar may, if he or she has complied with subsection (6), inform
the club or the person's employer (or both) that the licence has been
cancelled, suspended or varied.
(6) The Registrar must
serve notice on the holder or former holder of a licence that he or she
intends to inform that person's club or employer (or both) of the
cancellation, suspension or variation of the licence.
(7) The Registrar is
not subject to any civil or criminal liability in respect of action taken by
the Registrar under subsection (5).