(1) In this section minor offence means an offence for which a minor penalty has been imposed, being
(a) an offence referred to in paragraph (a), (b) or (d) of the definition of "prescribed offence" in section 3; or
(b) an offence involving possession of a prohibited plant, prohibited substance or scheduled substance, within the meaning of the Poisons Act 1971; or
(c) an offence involving possession of a controlled drug, a controlled plant or a controlled plant product, within the meaning of the Misuse of Drugs Act 2001; or
(d) an offence under section 23 of the Misuse of Drugs Act 2001 or a similar offence under the law of another State or a Territory;minor penalty means
(a) no penalty; or
(b) a penalty that does not include
(i) a term of imprisonment; or
(ii) a fine of $500 or more.
(2) A person is ineligible to apply for a licence if
(a) the person has been found guilty, in Tasmania or elsewhere, of one or more indictable offences and sentenced to
(i) imprisonment for a term or terms in the aggregate of 3 years or more; or
(ii) a period of detention for 3 years or more under a restriction order made under section 75(1)(e) of the Sentencing Act 1997 or an equivalent order elsewhere; or
(b) the person has been found guilty, in Tasmania or elsewhere, of a prescribed offence other than a minor offence.
(3) Ineligibility to apply for a licence under subsection (2) extends for a period of 10 years from
(a) in the case of a person who is sentenced to a term of imprisonment or a period of detention, the completion of the term of imprisonment or period of detention; or
(b) in any other case, the day on which the person is found guilty of the relevant offence.
(4) A person is ineligible to apply for a licence while a suspension under section 16 is in effect in respect of any licence held by the person.
(5) A person is ineligible to apply for a licence if the person has not attained the age of 18 years.
(6) A conviction in respect of which a free pardon has been granted is to be disregarded for the purposes of subsection (2).
(7) A person who is on parole is taken to be serving a sentence of imprisonment for the purposes of subsection (3).