Commissioner of Police v XPR

[2025] QCA 93

Queensland Court of Appeal

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Interrogate

Catchwords

1. Fire, Explosives and Firearms
2. › Firearms
3. › Licensing and registration
4. › Licence or permit
5. › Fit and proper person
6. › Whether authorised officer may have regard to convictions not recorded under Penalties and Sentences Act 1992 (Qld), s 12(3)
7. › Whether facts or circumstances of unrecorded convictions may be considered
8. › Weapons Act 1990 (Qld), s 10B
1. Criminal Law
2. › Rehabilitation of offenders
3. › Non-recording of conviction
4. › Effect of non-recording on licensing decisions
5. › Whether conviction taken not to be a conviction for purposes of weapons licensing
6. › Penalties and Sentences Act 1992 (Qld), s 12(3)
7. › Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld), ss 4, 5

Quick Take

An authorised officer assessing fitness for a weapons licence under s 10B of the Weapons Act 1990 (Qld) cannot have regard to convictions for which no conviction was recorded under s 12(3) of the Penalties and Sentences Act 1992 (Qld), or to the facts or circumstances of those offences, and s 5(3) of the Criminal Law (Rehabilitation of Offenders) Act 1986 (Qld) does not authorise requiring disclosure of such convictions for the purposes of a s 14 inquiry.