Victorian Consolidated Legislation

Control of Weapons Act 1990 - SECT 8C

Approvals for prohibited weapons and body armour

8C. Approvals for prohibited weapons and body armour



(1) Subject to subsection (2), the Chief Commissioner of Police may grant an
approval to a person to do anything that is otherwise prohibited by section 5
or 8A.

(1A) If an approval is granted under subsection (1) to a person who is a
member of a partnership, the approval is taken to apply to each member of the
partnership.

(2) The Chief Commissioner cannot grant an approval under this section to-

   (a)  a prohibited person; or

   (b)  a corrections officer, military officer or police officer in
        connection with their official duties; or

   (c)  a person who is a member of a partnership if another member of the
        partnership is a prohibited person; or

   (d)  a body corporate if an officer of the body corporate is a prohibited
        person.



(3) An application for approval must be-

   (a)  in the form approved by the Chief Commissioner; and

   (b)  contain the information required by the Chief Commissioner; and

   (c)  be accompanied by the prescribed fee.

(4) Before granting an approval the Chief Commissioner must have regard to the
guidelines issued by the Minister under section 8D.

(5) The Chief Commissioner may-

   (a)  grant an approval for a specified period or indefinitely;

   (b)  vary or revoke an approval at any time, including an approval granted
        for a specified period.

(6) An approval-

   (a)  must be in writing; and

   (b)  is subject to-

   (i)  a condition that the prohibited weapon or body armour is stored safely
        and securely and in the manner (if any) specified by the Chief
        Commissioner in the approval; and

   (ii) any other conditions or limitations that the Chief Commissioner
        considers appropriate.

(7) The Chief Commissioner may-

   (a)  refuse to grant an approval to an applicant who is under the age of 18
        years; or

   (b)  impose conditions or limitations on an approval granted to an
        applicant who is under the age of 18 years that the Chief Commissioner
        would not impose on an applicant of or over that age.