Weapons Control Act 2001

An approval is automatically revoked:

on a final domestic violence order, a personal violence restraining order or an order to keep the peace being made against the holder of the approval; or

on the holder being found guilty of a disqualifying offence, an offence of violence or an offence against this Act or the Firearms

Act 1997.

If an approval is revoked automatically under subsection (1), the person who was the holder must immediately surrender to a police officer:

the revoked approval; and

any prohibited weapon or body armour in respect of which the approval was granted.

Maximum penalty: 50 penalty units or imprisonment for 6 months.

The Commissioner must, by written notice, revoke an approval if satisfied that:

the holder fails to comply with a condition of the approval imposed under this Act or prescribed by regulation; or

the loss or theft of any prohibited weapon or body armour possessed under the approval, was due to the negligence or fraud of the holder.

Note for subsection (3)

The Commissioner is also required to revoke an approval in the circumstances mentioned in section 18G.

The Commissioner may, by written notice, revoke an approval if:

the holder would be refused an approval of the same type; or

the holder supplied information that was false or misleading in a material particular in connection with the application for the approval; or

the holder is found guilty of an offence against a law in force in the Territory, a State or another Territory, (whether committed before or after the grant of the approval) relating to a prohibited weapon or body armour or any other offence that, in the opinion of the Commissioner, would render the holder not a fit and proper person to possess or use a prohibited weapon or body armour; or

the holder contravenes a condition of the approval; or

the Commissioner is of the opinion that the holder is no longer a fit and proper person to hold the approval.

The revocation of an approval under subsection (3) or (4) takes effect when notice is served on the holder or on a later date specified in the notice, whether or not an application is lodged for review of the decision to revoke the approval.

If an approval is revoked by the Commissioner under subsection

or (4), the person who was the holder must surrender:

the revoked approval to a police officer immediately; and

any prohibited weapon or body armour in respect of which the approval was granted to a police officer either:

immediately after receiving the notice under subsection (3) or (4); or

if the notice allows the person time to surrender the prohibited weapon or body armour to a police officer – within the time allowed in the notice.

Maximum penalty: 50 penalty units or imprisonment for 6 months.

In this section:

domestic violence order, see section 4 of the Domestic and Family Violence Act 2007.

final domestic violence order means:

a domestic violence order other than an interim domestic violence order; or

a registered external order.

personal violence restraining order means:

a personal violence restraining order made under the Personal

Violence Restraining Orders Act 2016; or

a similar order made in a State or another Territory.

registered external order, means an external order as defined in section 4 of the Domestic and Family Violence Act 2007, that is registered, as defined in section 4 of that Act.