Recognition of disqualification to hold weapons licence
20 Recognition of disqualification to hold weapons licence
If a non-local DVO that is a recognised DVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence, the person is also disqualified from holding a local weapons licence or local weapons licence of the same type (as the case requires).
On becoming aware that a person is disqualified from holding a weapons approval by a non-local DVO that is a recognised DVO, the Chief Commissioner of Police must revoke any weapons approval held by the person.
The Chief Commissioner of Police must refuse to grant a weapons approval to a person who is disqualified from holding a weapons approval by a non-local DVO that is a recognised DVO.
A weapons exemption under section 8B of the Control of Weapons Act 1990—
must not be granted in respect of a person who is disqualified from holding the weapons exemption by a non-local DVO that is a recognised DVO; and
if granted in respect of a class of person or persons identified by a particular description, does not apply to a person—
who is so disqualified from holding the weapons exemption by a non-local DVO that is a recognised DVO; and
who is a member of that class or who satisfies that description (as the case requires).
A recognised DVO disqualifies a person from holding a non-local weapons licence or type of non-local weapons licence if the DVO expressly—
disqualifies the person from holding a non‑local weapons licence or type of non‑local weapons licence; or
revokes or requires the person to surrender a non-local weapons licence or type of non‑local weapons licence held by the person.
This section does not apply to a recognised DVO that is a final order.
Note
A respondent to a recognised DVO that is a final order is a prohibited person for the purposes of the Control of Weapons Act 1990.
In this section—
local weapons licence means—
a weapons approval under section 8C of the Control of Weapons Act 1990;
a weapons exemption under section 8B of the Control of Weapons Act 1990;
non-local weapons licence means a licence, permit or other authorisation to possess a prohibited weapon (within the meaning of the Control of Weapons Act 1990) issued under the law of another jurisdiction or country.
This Act’s bill:Explanatory memorandumSecond reading speech
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