Firearms Act 1996

A licence that authorises the holder to possess or use a firearm is automatically cancelled if the holder – becomes subject to any firearms prohibition order or a restraint order relating to personal injury or a family violence order or a recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016; or is a serial family violence perpetrator within the meaning of the Family Violence Act 2004.

The Commissioner may cancel a licence – if a further licence of the same kind would be refused to the holder; or if the holder supplied information which, to his or her knowledge, was false or misleading in connection with the application for the licence; or if the holder contravenes any provision of this Act, whether or not he or she has been convicted of an offence for the contravention; or if the holder fails to comply with any condition of the licence; or if the Commissioner is satisfied that the holder is no longer – a fit and proper person to hold the licence; or qualified to hold the licence; or for any other prescribed reason.

The Commissioner must cancel or suspend a licence if the holder is subject to any restraint order, other than a restraint order referred to in subsection (1).

In deciding, under subsection (2), whether a person is a fit and proper person in any respect, the Commissioner may, as regards that person, take into account any of the matters that are to be taken into account under section 29(2) in respect of an applicant for a licence.

If the Commissioner cancels or suspends a licence under subsection (3), the Commissioner must, where possible, cause to be seized any firearm in the possession of the holder of the licence.

The Commissioner must cancel a licence if the Commissioner considers that the loss or theft of a firearm was due to the negligence or fraud of the holder of the licence.

The Commissioner may, on the written application of the person who held a licence cancelled or suspended under subsection (3), reinstate the licence or return any firearms, or both reinstate the licence and return any firearms, which have been seized in accordance with subsection (4) and which the Commissioner considers appropriate, to the holder of the licence or such other person, with the agreement of the applicant, who is the holder of a licence.

In determining whether to reinstate a licence or return any firearms or both reinstate a licence and return any firearms, the Commissioner may consider – the facts and evidence made out in the application for the restraint order referred in subsection (3); and the order made by the court in issuing the restraint order or family violence order or police family violence order or recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016; and such other matters that the Commissioner determines to be relevant.