Collectors clubs, conditions of approval—Act, s 40 (5)
11 Collectors clubs, conditions of approval—Act, s 40 (5)
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:
the suspension or cancellation of the membership of a person who collects pistols and the reasons for the suspension or cancellation;
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.
Notice under subsection (1) must be given to the registrar not later than 7 days after—
for a decision to suspend or cancel a membership—the day after the day the decision is made; or
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.
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:
whether the person’s physical or mental health reduces the person’s ability to handle firearms responsibly;
whether, during the 10 years before the day the decision maker has to determine whether the person is suitable, the person has—
been released (whether on parole or otherwise) after serving a term of imprisonment or detention; or
been subject to a protection order or corresponding order that has been revoked; or
been subject to an interim protection order or corresponding order; or
been convicted or found guilty of an offence (other than a prescribed offence)—
against this regulation or a corresponding law; or
in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or
Note A conviction does not include a spent conviction or an extinguished conviction (see Spent Convictions Act 2000, s 16 (c) (i) and s 19H (1) (c) (i)).
given an undertaking to a court, in the ACT or elsewhere, to keep the peace or be of good behaviour; or
had his or her licence suspended or cancelled.
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.
In this section:
prescribed offence means an offence—
against this regulation or a corresponding law; or
in the ACT or elsewhere involving violence, drugs, alcohol or weapons; or
punishable by imprisonment for longer than 1 year.
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