Australian Capital Territory Numbered Regulations

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PROHIBITED WEAPONS REGULATIONS (NO. 12 OF 1997) - REG 5

5. (1) The Registrar shall not issue a permit unless satisfied that the applicant is a fit and proper person to have possession of a prohibited weapon or prohibited article without danger to public safety or to the peace.

(2) Without limiting the generality of subsection (1), the Registrar shall not issue a permit if he or she has reasonable cause to believe that the applicant may not personally exercise continuous and responsible control over a prohibited weapon or prohibited article because of the applicant's way of living or domestic circumstances.

(3) The Registrar shall not issue a permit to a person who—

        (a)     has, within the period of 10 years before the application for the permit was made, been convicted in the Territory or elsewhere of a prescribed offence, whether or not the offence is an offence under a law of the Territory;

        (b)     is subject to a protection order, restraining order or corresponding order or who has, at any time within 10 years before the application for the permit was made, been subject to such an order (other than an order which has been revoked);

        (c)     is subject to an interim restraining order, an interim protection order or a corresponding order;

        (d)     is subject to a recognizance, granted in the Territory or elsewhere, to keep the peace; or

        (e)     had a permit issued to him or her under the Act, or a licence or permit issued to him or her under the Firearms Act 1996 , cancelled.

(4) The Registrar may refuse to issue a permit if he or she considers that issuing the permit would be contrary to the public interest.

(5) For the purposes of paragraph (3) (a), a prescribed offence is an indictable offence involving actual or threatened violence or the use of a firearm, prohibited weapon or prohibited article.

(6) In this regulation—

“corresponding order”, in relation to an interim protection order, an interim restraining order, a protection order or a restraining order, means an order made under a law of a State or another Territory having the same effect or substantially the same effect as that order;
“interim protection order” means an interim protection order made under the Domestic Violence Act 1986 ;
“interim restraining order” means an interim restraining order made under the Magistrates Court Act 1930 ;
“protection order” means a protection order made under the Domestic Violence Act 1986 ;
“restraining order” means a restraining order made under the Magistrates Court Act 1930 .

Condition on permits—storage and security



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