What does s.24 Arms Act 1983 cover?
Clue: fit and proper
- Police can issue firearms licence to:
- person over 16 year
- is fit and proper person
- On opinion of inspector or above not issue licence to:
- been refused as not fit and proper
- cert of reg revoked as not fit an proper
- f/licence revoked as not fit and proper
- opinion of Inspector or above is not fit and proper
- person over 16 year
- is fit and proper person
- been refused as not fit and proper
- cert of reg revoked as not fit an proper
- f/licence revoked as not fit and proper
- opinion of Inspector or above is not fit and proper
What are the considerations when deciding if someone is a 'fit and proper' peson to be issued a f/licence?
Clue: CT,CC,VS
- General character and temperament
- criminal convictions
- violence against spouse
What did the court conclude in Police v Flynn 2010 with regards to fit and proper person? (4)
- in absence of any recent convictions or
- incidents involving violence
- subjectively regarded by some as unpleasant person
- did not mean he was not a fit and proper person to hold a f/licence
If regarded a fit and proper person to be issued a f/licence, what other reason may and inspector refuse to issue the licence?
Clue: 'If resonably likely that.....'
if reasonably likely that firearms/airguns would be accessable by someone else who is not 'fit and proper' or cert of reg had been revoked.
What does s.27 Arms Act 1983 (Revocation and Surrender of F/Licence) allow an Inspector to do?
Clue: Inspector or above may (in writing)
revoke...
demand...
if in there opinion....
Inspector or above may (in writing) revoke f/licence and demand surrender of f/licence:
- in opinion is not fit and proper (1)(a)
- reasonably likely that not fit and proper person will have access to firearms/airguns (1)(b)
(onus on police to satisfy)
What does s.27A Arms Act 1983 (Domestic Violence and F/licences) cover?
Clue: 'Inspector or above may decide that person is not 'fit and proper' if: (2)
Inspector or above may decide that person is not 'fit and proper' if:
- grounds exist under DVA1995 for protection order to be made against the applicant
- a protection order is in force
What does s.28 Arms Act 1983 (Effect of revocation or surrender of F/licence) cover?
Clue: What must person do?
- person to who this applies
-
must surrender all F/A's etc
- sell/dispose within 3 mths
- F/A etc delivered to police may become property of crown
- Crown may pay value of F/A's etc
-
3 mths/$1000 failing to surrender F/A's etc
- must surrender all F/A's etc
- sell/dispose within 3 mths
What are the eight procedual steps for revocation/refusal of F/Licence? (8)
Clue: Considered, prep, decision, serve, hearing, decision advise, computer
- Considered not fit and proper
- prepare file for commissioned officer (recommendation)
-
Decision to consider revoking/refusal (seize immediately if urgent)
- Decision served on person in writing (and reasons/offer of submittions)
-
Hearing between parties held in person or written
- Post hearing decision served with reasons
- Person advised of right of appeal
- Complete computer action
What are the reasons that a person may no longer be considered a fit and proper person to hold a f/licence? (11)
Clue: R, S, S, S ,S, V,D FV, P, A, C
- no regards for Arms Act/Regulations
-
substance abuse
-
serious offence Arms Act
-
serious offence any act
-
series minor offence Arns Act
-
violence and drug crimes
-
family violence (incl threats)
-
psycological disturbance
-
attempt suicide/self-harm
- non-compliance with f/licence conditions
Under s.18(1) Search and Surveillance Act 2012, what action can police take? (5)
Clue: search, search, enter, seize, seize
- search person
- search anything in persons possession/control
- enter place or vehicle
- seize and detain any arms found
- seize and detain f/licence
Under s.18(2) Search and Surveillance Act 2012, what circumstance have to exist to envoke a search under s.18(1)? (5)
Clue: #1 carrying/possession
- person is: carrying/possession of/control of arms
and
- breach of Arms Act
- mental/physical condition
- incapable proper control
- may kill/injure
- Domestic Violence Act
- Protection Order in force
- ground for PO exist