Australian Capital Territory Numbered Regulations

FIREARMS REGULATION 2008 (NO 55 OF 2008) - REG 11

    (1)     It is a condition of the approval of a collectors club that the secretary or another office-holder of the club tells the registrar, in writing, about the following:

        (a)     the suspension or cancellation of the membership of a person who collects pistols and the reasons for the suspension or cancellation;

        (b)     if the secretary or other officer-holder of the club believes on reasonable grounds that a club member who collects pistols, or an applicant for membership of the club who collects pistols, is not a suitable person to possess a pistol—the belief that the person is not a suitable person to possess a pistol.

    (2)     Notice under subsection (1) must be given to the registrar not later than 7 days after—

        (a)     for a decision to suspend or cancel a membership—the day after the day the decision is made; or

        (b)     for a belief that a person is not a suitable person to possess a pistol—the day the secretary or relevant office-holder forms the belief that the person is not a suitable person.

    (3)     In determining whether a person is a suitable person to possess a pistol, the secretary or other office-holder of the club (the decision maker ) may consider the following:

        (a)     whether the person's physical or mental health reduces the person's ability to handle firearms responsibly;

        (b)     whether, during the 10 years before the day the decision maker has to determine whether the person is suitable, the person has—

              (i)     been released (whether on parole or otherwise) after serving a term of imprisonment or detention; or

              (ii)     been subject to a protection order or corresponding order that has been revoked; or

              (iii)     been subject to an interim protection order or corresponding order; or

              (iv)     been convicted or found guilty of an offence (other than a prescribed offence)—

    (A)     against this regulation or a corresponding law; or

    (B)     in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or

Note     A conviction does not include a spent conviction—see the Spent Convictions Act 2000 , s 16 (c) (i).

              (v)     given an undertaking to a court, in the ACT or elsewhere, to keep the peace or be of good behaviour; or

              (vi)     had his or her licence suspended or cancelled.

    (4)     To remove any doubt, the honest disclosure of something to the registrar to comply with a condition under subsection (1) does not give rise to a civil or criminal proceeding against the club or the secretary or other relevant office-holder of the club in relation to loss, damage or injury of any kind to anyone.

    (5)     In this section:

"prescribed offence "means an offence—

        (a)     against this regulation or a corresponding law; or

        (b)     in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or

        (c)     punishable by imprisonment for longer than 1 year.

Part 3     Licensing—prohibited firearms and pistols