Victorian Consolidated Legislation

Firearms Act 1996 - SECT 49

Power of Chief Commissioner to cancel licence under this Part

49. Power of Chief Commissioner to cancel licence under this Part



(1) The Chief Commissioner may cancel a licence suspended under section 47 if,
after considering any submissions made within the time fixed for making
submissions, the Chief Commissioner is satisfied that-

   (a)  the holder no longer has the reason specified in the licence for
        holding the licence; or

   (b)  the holder has failed to notify the Chief Commissioner of a change of
        his or her address; or

   (c)  the holder has knowingly supplied false or misleading information in a
        material particular in, or in connection with the application for the
        licence or renewal of the licence; or

   (d)  the holder has contravened or failed to comply with a condition of the
        licence, that is not a condition set out in section 16(3) and (4) or
        section 16(5) and (6); or

   (e)  the holder has contravened or failed to comply with any requirement
        for the storage of firearms possessed, carried or used under the
        licence; or

   (f)  the holder of the licence or any responsible person in relation to the
        licence is no longer a fit and proper person; or

   (fa) in particular, in relation to the holder of a handgun licence, that
        there is information as to criminal activities on the part of the
        holder that is known to the Chief Commissioner that causes the Chief
        Commissioner to be satisfied that the person is not a fit and proper
        person; or

   (g)  the holder of the licence cannot carry on, or be employed in the
        business without being a danger to public safety or peace; or

   (h)  the holder of the licence or a responsible person in relation to the
        licence has contravened a provision of this Act or the regulations; or

   (ha) the holder has, through his or her negligence or fraud, caused a
        firearm to be lost or stolen; or





        (i)    the holder is no longer entitled to hold the licence for any
               other prescribed reason.

(2) If the holder of a general category handgun licence is a holder to whom
the condition set out in section 16(3) and (4) applies, the Chief Commissioner
must cancel that licence if the holder has failed to comply with that
condition.

(3) If the holder of a general category handgun licence is a holder to whom
the condition set out in section 16(5) and (6) applies, the Chief
Commissioner-



   (a)  must cancel that licence if the holder has failed to comply with
        section 16(5)(d); and



   (b)  may cancel that licence if the holder has failed to comply with
        section 16(5)(c).



(4) The Chief Commissioner must cancel a licence that has been suspended under
section 47A(1) on the expiry of 3 months after the suspension of the licence,
unless the holder of the licence makes an application under section 189 before
the expiry of the 3 month period for a declaration referred to in-

   (a)  section 189(1)(a) or (1)(b); or

   (b)  section 189(1AA)(a) or (1AA)(b).

(5) In the case of a person whose licence has been suspended and who makes an
application under section 189, the Chief Commissioner must cancel the licence
unless-

   (a)  the court makes a declaration referred to in subsection (1)(a) or
        (1AA)(a); or





   (b)  the court makes a declaration referred to in subsection (1)(b) or
        (1AA)(b) deeming the holder of the licence to be a prohibited person
        for limited purposes and the purpose for which the person is deemed
        not to be a prohibited person is the purpose for which the licence is
        issued.