FIREARMS ACT 2015 - SECT 15

FIREARMS ACT 2015 - SECT 15

15—Grant of licences

        (1)         The Registrar may only refuse an application for a firearms licence if the Registrar is not satisfied—

            (a)         that the applicant has made the application in accordance with this Act and met the requirements of the Registrar in connection with the application; or

            (b)         that the applicant is a fit and proper person to hold the licence; or

            (c)         that the applicant has a genuine reason to possess a firearm to which the application relates; or

            (d)         that the applicant could use a firearm to which the application relates for the purpose that would be authorised by the licence; or

            (e)         that the applicant has, in respect of any licence held by the applicant (whether under this Act or the repealed Act), complied with or satisfied the requirements of this Act or the repealed Act (as the case requires) or the conditions of the licence; or

            (f)         that the applicant will comply with or satisfy the requirements of this Act or the conditions of the licence; or

            (g)         in the case of an application to be a licensed dealer—

                  (i)         that the applicant is to be primarily responsible for the management of the business that would be carried on under the licence; or

                  (ii)         that the applicant has, or in the case of an applicant that is a company, the director or directors together have, sufficient business knowledge and experience and financial resources for the purpose of properly conducting the business that would be carried on under the licence; or

                  (iii)         that the premises at which the applicant proposes carrying on the business are appropriate for the purpose; or

            (h)         in the case of an application for a licence authorising the holder to possess and use firearms as an employee of a licensed dealer—that the applicant is not a disqualified person within the meaning of section 11; or

                  (i)         in the case of an application by a natural person—

                  (i)         that the applicant has established his or her identity, date of birth and residential and postal addresses (the Registrar may require the applicant to provide evidence of identity in the same manner as would be required for the opening of an account at an ADI); or

                  (ii)         that the applicant is an Australian citizen or permanent resident usually resident in South Australia; or

                  (iii)         that the applicant has successfully completed training in the safe handling, use, storage and transport of firearms as required under the regulations; or

            (j)         that he or she would be prepared to grant a permit to the applicant to acquire a firearm of a category that the applicant would be authorised to possess by the licence if it were granted; or

            (k)         that the applicant meets a requirement prescribed by the regulations; or

            (l)         that to grant the licence would be in the public interest.

        (2)         For the purposes of subsection (1)(c), a person has a genuine reason to possess a firearm if the person genuinely intends to possess or use the firearm for a purpose that would be authorised under the licence if it were granted.

        (3)         A person does not have a genuine reason to possess a firearm if—

            (a)         the person intends possessing or using it for the purpose of personal protection or the protection of another; or

            (b)         the person intends possessing or using it for the purpose of the protection of property in circumstances in which that purpose would not be authorised under the licence if it were granted.

        (4)         Subsection (3) does not limit the reasons which the Registrar may be satisfied are not genuine reasons for the purpose of justifying the possession of a firearm.

        (5)         An application for a firearms licence must not be granted if the applicant has been found guilty of a prescribed offence within the 5 years immediately preceding the application.

        (6)         If the Registrar refuses an application for renewal of a firearms licence, the Registrar must, by written notice served personally or by registered post on the licensee, notify the licensee of the refusal within 28 days of the decision to refuse the application.

        (7)         If—

            (a)         the Registrar refuses an application for a firearms licence on the ground that the Registrar is not satisfied that to grant the licence would be in 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.

        (8)         Subject to the regulations, an application for a firearms licence (other than renewal of a licence) must not be granted until at least 28 days have elapsed from the date of the application.

        (9)         The Registrar will be taken to have refused an application for a firearms licence if the application has not been granted within 6 months after it was made.

        (10)         A firearms licence does not come into force until any licence fee required to be paid under this Act has been paid.