Firearms Act 1996

Before granting an application for a licence, the Commissioner may do any or all of the following:make an inquiry or conduct an investigation into the applicant or the application; require the applicant to provide any further information the Commissioner reasonably needs to be satisfied about the applicant's identity or physical or mental health including – a report from a medical practitioner about the applicant's physical health; and a report from a medical practitioner or psychologist about the applicant's mental health; provide, for inspection, information or a document relevant to the applicant's identity to a police officer or an employee of the Department.

If the Commissioner suspects, on reasonable grounds, that the applicant's stated identity is false or misleading, the Commissioner may require the applicant to provide an identifying particular to verify the applicant's identity.

The applicant is taken to have withdrawn the application if, within a period specified by the Commissioner, the applicant – refuses or fails to provide the information reasonably required under subsection (1)(b); or refuses to allow the inspection under subsection (1)(c); or fails to comply with a requirement under subsection (2).

If information about the applicant’s mental health given under subsection (1)(b) is provided in a medical practitioner's or psychologist’s report, the Commissioner may – make information in the Commissioner’s possession available to the medical practitioner or psychologist; and ask the medical practitioner or psychologist to provide a further report.

The Commissioner may make the information available only if the Commissioner considers, on reasonable grounds, that – the medical practitioner or psychologist was not aware of the information; and the information may influence the medical practitioner's or psychologist’s opinion about the applicant’s mental health.

The Commissioner must advise the applicant of the fact that the information is being supplied to the medical practitioner or psychologist.

The Commissioner may make the information available under subsection (4) despite the provisions of any other Act.

Unless the Commissioner considers that an identifying particular obtained in the course of inquiries into the application is currently required for the investigation of an offence, the Commissioner must, after deciding the application – either – return the identifying particular to the applicant; or destroy the identifying particular and notify the applicant in writing of its destruction; and destroy any record or copy of the identifying particular.

Information required to be supplied under this section may be used only to decide the application or to investigate or prosecute an offence and must not be disclosed for any other purpose.

For the purposes of this section – identifying particular includes – fingerprints; and DNA; and any other means by which a person may be identified.