Refusal of approvals
15 Refusal of approvals
The Commissioner must not grant an approval to a person if the
Commissioner has reasonable cause to believe that the person has, in relation to his or her application for approval, failed to supply material information or has supplied information that is false or misleading.
The Commissioner must not grant an approval to a person unless the Commissioner is satisfied that the person:
has not, within the period of 10 years before the application for the approval was made, been found guilty in the Territory or elsewhere of a disqualifying offence; and
has not, within the period of 5 years before the application for the approval was made, been found guilty in the Territory or elsewhere of an offence of violence; and
does not have a final domestic violence order in force against him or her and has not, within the period of 5 years before the application for the approval was made, had a final domestic violence order in force against him or her; and
does not have a personal violence restraining order in force against him or her; and
is not subject to an order, made in the Territory or elsewhere, to keep the peace.
Without limiting subsection (2), the Commissioner must not grant an approval to a person who:
was found guilty of an offence against this Act or the Firearms
Act 1997 within 2 years prior to the day of the application; or
was sentenced to custody following being found guilty of an offence against this Act or the Firearms Act 1997 and less than 5 years have elapsed since the later of the following:
the day the person was released from custody;
the day the person was found guilty of the offence.
Without limiting subsections (2) and (2A), the Commissioner must not grant an approval if the Commissioner is of the opinion, having regard to any criminal intelligence or other information the
Commissioner holds about the applicant, that:
the applicant is a risk to public safety; and
the holding of the approval by the applicant would be contrary to the public interest.
The Commissioner is not, under this or any other Act or law, required to give reasons for refusing an approval on the grounds mentioned in subsection (2B).
Without limiting subsections (2), (2A) and (2B), the
Commissioner must not grant an approval in relation to a prohibited weapon or body armour if the Commissioner believes on reasonable grounds that the applicant may not personally exercise continuous and responsible control over the prohibited weapon or body armour because of:
the applicant's way of living or domestic circumstances; or
any attempt by the applicant to commit suicide or cause a self-inflicted injury; or
the applicant having intemperate habits or being of unsound mind.
The Commissioner may refuse to grant an approval to an applicant because:
he or she is satisfied that it is not in the public interest to do so;
the applicant is not a fit and proper person for the grant of an approval; or
the applicant is under 18 years of age.
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