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Insp CPK: #6 Firearms > Firearms > Flashcards

Flashcards in Firearms Deck (11)
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1

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

2

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

3

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

4

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likely that firearms/airguns would be accessable by someone else who is not 'fit and proper' or cert of reg had been revoked.

5

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)

6

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

 

7

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 

 

8

What are the eight procedual steps for revocation/refusal of F/Licence? (8)

Clue: Considered, prep, decision, serve, hearing, decision advise, computer

  1. Considered not fit and proper
  2. prepare file for commissioned officer (recommendation)
  3. Decision to consider revoking/refusal (seize immediately if urgent)
  4. Decision served on person in writing (and reasons/offer of submittions)
  5. Hearing between parties held in person or written
  6. Post hearing decision served with reasons
  7. Person advised of right of appeal
  8. Complete computer action

9

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

10

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

11

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