Firearms Act 2024

A person is a disqualified person —

when the person is the subject of a disqualifying order; or

during the disqualifying period prescribed by the regulations as the disqualifying period for a disqualifying order; or

when the person has been charged with a disqualifying offence and proceedings for the offence are pending against the person; or

during the period prescribed by the regulations as the disqualifying period for a disqualifying offence for which a finding of guilt has been made against the person; or

when the person is a member of a disqualifying organisation; or

during the period prescribed by the regulations as the disqualifying period for membership of a disqualifying organisation.

A person is an interim disqualified person if the person is a disqualified person solely as a result of being —

the subject of a disqualifying order that is of a temporary or interim nature only; or

a person against whom proceedings for a disqualifying offence are pending.

Proceedings for an offence cease to be pending against a person when —

a finding of guilt is made in the proceedings; or

the proceedings are concluded (including as a result of the acquittal of the person) other than as a result of a finding of guilt.

A disqualifying period for a disqualifying order or disqualifying offence can be prescribed to apply in respect of —

all disqualifying orders or disqualifying offences; or

a particular kind or particular kinds of disqualifying orders or disqualifying offences; or

disqualifying orders or disqualifying offences of a particular class or description, including (in the case of disqualifying offences) offences described by reference to the type of finding of guilt that applies in relation to the offences.

The fact that a person has ceased to be a disqualified person does not prevent the Commissioner from having regard to the conduct of the person that resulted in the person being a disqualified person in forming an opinion as to whether or not the person is a fit and proper person to hold a firearm authority.