Chapter 6

Question 1

Fit and proper person - onus Cottle

Answer 1

Is on the applicant to satisfy police officer that he is a fit and proper person to hold a licence. Evidence of general character and temperament will be a relevant consideration.

Question 2

Dobbs - convictions as to fit and proper

Answer 2

May be of significance.

Question 3

Bush - use of violence against a spouse

Answer 3

May be of significance

Question 4

Flynn

Answer 4

Court concluded absence of any recent convictions or incidents involving violence, the fact that the applicant was subjectively regarded as unpleasant by some who knew him didn’t mean he was not a fit and proper person to hold a firearms licence.

Question 5

McCabe

Answer 5

Over 16 years and fit and proper person.
Fit and proper person not spelled out in legislation.
Consideration of the applicants overall character and history to determine that they are the sort of person who should be allowed to be the holder of a licence and therefore entitled to lawful possession of firearm.

Question 6

Refusal of application (2)

Answer 6

1 Any firearm in applicants possession would be accessible to someone else who was not a fit and proper person to possess a firearm or airgun or
2 Whose firearms licence or certificate of registration has been revoked.

Question 7

S.27 Revocation and surrender of licence - onus (Fewtrell)

Answer 7

Important to note that under s.24 issuing a licence onus is on individual, for S.27 onus is on the commissioned officer of police to satisfy himself as to fit and proper person. 2nd ground for revocation is if access to firearm by someone else who is regarded as not fit and proper. Commissioned officer not expected to conduct a formal hearing before making a determination under this section although rules of natural justice should be complied with.

Question 8

S.27A domestic violence and firearms licences

Answer 8

Grounds for an application for PO or existence of a PO in itself is sufficient to revoke licence as person no longer fit and proper person.

Question 9

S .28 effect of revocation on surrender of firearms

Answer 9

Holder of licence shall deliver firearm pistol or restricted weapon to a member of police. Has 3 months or longer period if commissioner allows thereafter to sell or otherwise dispose of firearm.