Weapons Prohibition Act 1998

The Commissioner may, after considering an application for a permit—

issue a permit to the applicant, or

refuse to issue a permit to the applicant.

A permit must not be issued unless—

the Commissioner is satisfied that the applicant is a fit and proper person and can be trusted to have possession of prohibited weapons without danger to public safety or to the peace, and

the applicant (including such authorised employees as are nominated by the applicant) has completed, to the satisfaction of the Commissioner, such training and safety courses as may be approved in relation to the kind of permit sought, and

the Commissioner is satisfied that such storage and safety requirements as are imposed by or under this Act are capable of being met by the applicant.

A permit must not be issued to a person who—

has, within the period of 10 years before the application for the permit was made, been convicted in New South Wales or elsewhere of an offence prescribed by the regulations, whether or not the offence is an offence under New South Wales law, or

is subject to an apprehended violence order or interim apprehended violence order or who has, at any time within 10 years before the application for the permit was made, been subject to an apprehended violence order (other than an order that has been revoked), or

is subject to a serious domestic abuse prevention order or who has, at any time within 10 years before the application for the permit was made, been subject to a serious domestic abuse prevention order, other than an order that has been revoked, or

is subject to one of the following in relation to an offence prescribed by the regulations—

a good behaviour bond, whether entered into in New South Wales or elsewhere,

a community correction order imposed in New South Wales,

a conditional release order imposed in New South Wales, or

is subject to a weapons prohibition order, or

is a registrable person or corresponding registrable person under the Child Protection (Offenders Registration) Act 2000.

A permit must not be issued to a person if the Commissioner is of the opinion, having regard to any criminal intelligence report or other criminal information held in relation to the person, that—

the person is a risk to public safety, and

the issuing of the permit would be contrary to the public interest.

The Commissioner is not, under this or any other Act or law, required to give any reasons for not issuing a permit on the grounds referred to in subsection (3A).

Despite any other provision of this section, the Commissioner may refuse to issue a permit if the Commissioner considers that the issue of the permit would be contrary to the public interest.

The regulations may provide other mandatory or discretionary grounds for refusing the issue of a permit.

(Repealed)