none act-1990-071 allinforce 71 act.reprint 2025-08-31 Weapons Act 1990 act 1990 Weapons Act 1990 An Act to consolidate and amend the laws regulating or prohibiting the purchase, possession, use, carrying and sale of certain weapons and articles and to provide for the prevention of the misuse of weapons and for related purposes Part 1 Preliminary Division 1 Introduction pt 1 div 1 hdg ins 2024 No. 45s 54 1 Short title This Act may be cited as the Weapons Act 1990. 1.3 s 1.3 om 1994 No. 13s 4 1.4 s 1.4 om 1994 No. 13s 4 2 Application of Act (1) This Act does not apply to a person—

(a) who is—

(i) a member of the armed forces of the Commonwealth as prescribed by the Defence Act 1903 (Cwlth) in respect of that person’s possession or use of a weapon as part of performance of duty as such member; or

(ii) a member of the armed forces of any government associated with the armed forces of the Commonwealth in respect of that person’s possession or use of a weapon as part of performance of duty as such member; or

(iii) a member in a cadet force under the Cadet Forces Regulations (Cwlth) in relation to the member’s possession and use of a weapon when participating in the activities of the cadet force in which the person is a member; or

Editor’s notes—

1 Cadet Forces Regulations 1977 (Cwlth), section 2—

cadet force means the Australian Navy Cadets, the Australian Army Cadets or the Australian Air Force Cadets.

member means an officer, instructor or cadet in a cadet force.

2 The Cadet Forces Regulations 1977 are in force under the Defence Act 1903 (Cwlth), the Naval Defence Act 1910 (Cwlth) and the Air Force Act 1923 (Cwlth).

(b) who is a member of the federal police as prescribed by the Australian Federal Police Act 1979 (Cwlth) or member of the police service of any other State or Territory in respect of that person’s possession or use of a weapon as part of performance of duty as such member or when performing a function for the Queensland Police Service at the request of the commissioner of the Queensland Police Service; or

(c) who is an officer of Customs in the Australian Border Force in relation to the person’s possession or use of a weapon when performing the duties of an officer; or

(d) who is an officer of the Australian Protective Service under the Australian Protective Service Act 1987 (Cwlth) in relation to the person’s possession or use of a weapon when performing the duties of an officer; or

(e) who is a police officer, special constable or trainee member of the Queensland police service, or any other member of the Queensland police service authorised by the commissioner—

(i) in respect of the person’s possession or use of a weapon as part of the performance of the person’s functions as a member of the Queensland police service; or

(ii) while the person is not on duty as a member of the Queensland police service in relation to the person’s possession or use of a weapon, if the person is acting in accordance with the directions of the commissioner in relation to the off-duty possession and use of weapons; or

(g) who is undergoing an approved training course in respect of the person’s possession or use of a weapon as part of the training course; or

(h) whilst actually engaged in the manufacture, assembly or handling of any weapon for or on behalf of the Government of the Commonwealth or any State or Territory; or

(i) whilst engaged in scientific or experimental work with any weapon under an authority in that behalf granted by the Minister; or

(k) being a person over the prescribed age who is the owner, lessee, hirer or licensee of any boat, ship, or aircraft in respect of possession on board or in connection with, that boat, ship or aircraft of a recognised safety device, signalling apparatus or ammunition thereof as part of and solely for the use as part of the safety equipment of that boat, ship or aircraft; or

(l) who is actually engaged in the warehousing or transport under consignment of merchandise for or on behalf of—

(i) a licensed dealer; or

(ii) the armed forces of the Commonwealth; or

(iii) any authority of the Commonwealth or State;

in respect of possession of merchandise consigned thereto or therefrom; or

(m) to whom the commissioner of the police service in the prescribed manner has granted an exemption from the application of those provisions of this Act specified therein in respect of the application of those provisions.

(2) This Act does not apply to a government service entity or an employee of a government service entity in relation to the entity’s or employee’s acquisition, possession or use of a weapon as part of the performance of—

(a) the functions of the entity or employee; or

(b) if the functions of the entity or employee are prescribed under a regulation—those functions of the entity or employee that are prescribed.

(3) Subsection (2) does not exempt a government service entity or an employee of a government service entity from—

(a) the application of section 60 or provisions of a regulation dealing with the safe handling and storage of weapons; or

(b) the application of the remaining provisions of this Act to the possession or use of a weapon unless the entity or employee complies with the conditions stated in subsection (4).

(4) The conditions are—

(a) for a government service entity—

(i) the entity notifies the commissioner, in the approved form, of the acquisition or sale of a weapon within 14 days after acquiring or selling the weapon; and

(ii) the entity keeps, on a register in a form approved by the commissioner and kept for the purpose, the following details—

(A) where the weapon is stored;

(B) the name of each employee to whom a weapon is issued and the date and time when the weapon is issued to the employee and returned by the employee; and

(iii) at least 14 days before the entity issues the weapon to a particular employee for the first time, it gives the commissioner the information about the employee the commissioner reasonably needs to be satisfied the employee is a fit and proper person to possess the weapon; and

(iv) the entity issues the weapon to an employee only if it is satisfied—

(A) the performance of the employee’s functions necessarily requires the employee to have possession of the weapon; and

(B) the employee holds a firearms licence; and

(b) for an employee of a government service entity—the employee holds a firearms licence.

(5) An employee mentioned in subsection (4)(a)(iv) may possess any category of weapon in the performance of the employee’s functions even though the employee is not licensed to possess the category of weapon. (6) The condition mentioned in subsection (4)(a)(iv)(B) does not apply to a prescribed service entity. (7) The condition mentioned in subsection (4)(b) does not apply to an employee of a prescribed service entity. (8) The operation of this section is subject to the Domestic and Family Violence Protection Act 2012, section 83. (9) In this section— Australian Border Force see the Australian Border Force Act 2015 (Cwlth), section 4(1). government service entity means—

(a) a department of Government of the State; or

(b) a museum under the control of the Government of the State or the Commonwealth; or

(i) is established under an Act or under State authorisation for a public or State purpose; or

(ii) is engaged by the State or an entity mentioned in subparagraph (i) to provide a service for the State or entity;

but does not include the Queensland Police Service. officer of Customs see the Customs Act 1901 (Cwlth), section 4(1). prescribed service entity means an entity prescribed for the definition government service entity, paragraph (c). s 2 amd 1991 No. 97s 3sch 1; 1994 No. 13s 5; 1996 No. 41s 4; 1997 No. 48s 4; 1999 No. 9s 3sch; 2002 No. 6s 45; 2003 No. 37s 4; 2004 No. 8s 42; 2011 No. 37s 4; 2012 No. 5s 230sch 1pt 2; 2015 No. 27s 16 3 Principles and object of Act (1) The principles underlying this Act are as follows—

(a) weapon possession and use are subordinate to the need to ensure public and individual safety;

(b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.

(2) The object of this Act is to prevent the misuse of weapons. s 3 ins 1996 No. 41s 5 4 How object is to be achieved for firearms The object of this Act is to be achieved for firearms by—

(a) prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and

(b) establishing an integrated licensing and registration scheme for all firearms; and

(c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and

(d) providing strict requirements that must be satisfied for—

(i) licences authorising possession of firearms; and

(ii) the acquisition and sale of firearms; and

(e) ensuring that firearms are stored and carried in a safe and secure way.

s 4 ins 1996 No. 41s 5 Division 2 Interpretation pt 1 div 2 hdg ins 2024 No. 45s 55 5 Definitions The dictionary in schedule 2 defines particular words used in this Act. s 5 Note—prev s 5 contained definitions for this Act. Definitions are now located in schedule 2 (Dictionary). Annotations for definitions contained in prev s 5 are located in annotations for sch 2. amd 1995 No. 58s 4sch 1 pres s 5 sub 2003 No. 5s 3(1) 5A Meaning of class A serious offence (1) A class A serious offence is—

(a) an offence against any of the following provisions of the Criminal Code—

(i) section 302;

(ii) section 303;

(iii) section 320;

(iv) section 323;

(v) section 409, if—

(A) the offender is or pretends to be armed with any dangerous or offensive weapon or instrument; or

(B) at or immediately before or immediately after the time of the robbery, the offender wounds or uses any other personal violence to any person; or

(b) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

(2) An offence against a provision of the Criminal Code mentioned in subsection (1)(a) is a class A serious offence regardless of whether the provision has been amended from time to time or numbered differently. s 5A ins 2024 No. 45s 56 5B Meaning of class B serious offence (1) A class B serious offence is—

(a) an offence against a provision of an Act mentioned in schedule 1AA subject to any circumstance, stated for the offence in the schedule, that applies to the offence; or

(b) an offence under a law of another jurisdiction that, if it had been committed in Queensland, would have constituted an offence mentioned in paragraph (a).

(2) An offence against a provision of an Act mentioned in schedule 1AA is a class B serious offence regardless of whether the provision has been amended from time to time or numbered differently. s 5B ins 2024 No. 45s 56 5C Meaning of class C serious offence (1) A class C serious offence is an offence under a law of Queensland or another jurisdiction that—

(a) relates to the misuse of drugs; or

(b) involves the use or threatened use of violence; or

(2) However, an offence is not a class C serious offence if it is a class A serious offence or a class B serious offence. s 5C ins 2024 No. 45s 56 5D Meaning of disqualified person (1) A disqualified person is a person who—

(a) is a reportable offender under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004; or

(b) is or has been subject to a firearm prohibition order made under section 141H; or

(c) is or has been subject to an order made under a law of another jurisdiction that corresponds to a firearm prohibition order; or

(d) is or has been subject to a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003; or

(e) has been convicted of a serious violent offence under the Penalties and Sentences Act 1992, section 161A.

(2) However—

(a) a person who is or has been subject to an order mentioned in subsection (1)(b) or (c) is not a disqualified person if, when the order was made, the person was a child; and

(b) a person who has been subject to an order mentioned in subsection (1)(b), (c) or (d) is not a disqualified person if the decision to make the order was revoked or set aside on review or appeal.

s 5D ins 2024 No. 45s 56 6 Meaning of heirloom firearm An heirloom firearm is a firearm, other than a category R weapon, ownership of which has passed to a person by testamentary disposition or the laws of succession. s 6 ins 1996 No. 41s 7 6A What is a replica (1) A replica of a weapon is—

(a) a reasonable facsimile or copy of a weapon, even if it is not capable of discharging a projectile or substance; or

(b) a category A, B or C weapon that has been rendered permanently inoperable; or

(2) A replica—

(a) of a particular weapon—means a reasonable facsimile or copy of the weapon, even if it is not capable of discharging a projectile or substance; or

(b) of a spear gun, longbow or crossbow—means a reasonable facsimile or copy of a spear gun, longbow or crossbow even if it is not capable of discharging a projectile; or

s 6A ins 1997 No. 48s 6 amd 2001 No. 22s 9 6B Meaning of security guard (1) A security guard is a person who patrols, protects, watches over or guards (protects) the person’s property or other persons or other person’s property—

(a) in the course of carrying on a business; or

(b) in the course of employment.

Example— A jeweller transporting jewellery in the course of carrying on a business who does not engage someone else to guard the jewellery while it is being transported is a ‘security guard’. Note— Section 123 provides that a person must not, in performing duties as a security guard, physically possess a weapon unless the person holds a security licence (guard). (2) However, the following persons are not security guards—

(a) a person who protects property if the protection is carried out in the course of primary production;

(b) a person, other than a security organisation, who engages someone else to protect property for the person.

s 6B ins 1997 No. 48s 6 6C Meaning of public monument (1) A public monument is a thing that is—

(a) mentioned in the Weapons Categories Regulation 1997, section 8(1)(a), (c), (i) or (j); and

(b) permanently incapable of being discharged; and

Examples—

• permanently deactivated WWI artillery permanently displayed in the foyer or grounds, open to the public, of an RSL club

• a permanently deactivated Bofors anti-aircraft gun mounted on a concrete platform in a public park

(2) For subsection (1)(c), a thing is permanently displayed only if the thing is displayed in a way that prevents its removal by an unauthorised person. (3) In this section— public place includes a place that can be seen from a public place. s 6C ins 2011 No. 37s 5 7 How a firearm is made permanently inoperable (1) A firearm is made permanently inoperable if the firearm is modified in the way prescribed under a regulation to make it incapable of being discharged. (2) However, a firearm is not taken to be permanently inoperable unless a licensed armourer or a person approved by the commissioner for this subsection certifies, in the approved form, the firearm as being incapable of being discharged. (3) The commissioner may approve a person for subsection (2) only if the commissioner is satisfied the person has the necessary expertise or experience to certify that a firearm is incapable of being discharged. s 7 ins 1996 No. 41s 7 amd 1997 No. 48s 7 8 How a firearm is made temporarily inoperable A firearm is made temporarily inoperable—

(a) for a firearm designed to allow its bolt, breech block, firing pin or other integral part of the firing mechanism to be removed—if the part is removed and securely stored separately from the firearm; and

(b) for another firearm—if the firearm’s trigger is secured by a trigger lock and the lock’s key is securely stored separately from the firearm.

s 8 ins 1996 No. 41s 7 8A Notes in text A note in the text of this Act is part of the Act. s 8A ins 2003 No. 37s 5 Part 2 Licences pt 2 hdg sub 1996 No. 41s 8 9 Issue, renewal, endorsement and alteration of licences A licence may be issued, renewed, endorsed or altered only by an authorised officer. s 9 sub 1996 No. 41s 8 10 Limitations on issue of licence (1) A licence may be issued only to—

(a) an individual under subsection (2); or

(b) a body under subsection (3).

(2) A licence may be issued to an individual only if the person—

(a) is—

(i) for a licence other than a minor’s licence—an adult; or

(ii) for a minor’s licence—at least 11 years and otherwise within the age group prescribed under a regulation for the licence; and

(b) has, under section 10A, an adequate knowledge of safety practices for the use, storage and maintenance of the weapon or category of weapon the possession of which is to be authorised by the licence; and

(c) has access to secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and

(d) is not prevented under this or another Act or by an order of a Magistrates Court or another court from holding the licence; and

(e) is a fit and proper person to hold a licence; and Note— See also sections 10B and 10C.

(f) has a reason mentioned in section 11 to possess the weapon or category of weapon; and

(g) resides only in Queensland.

(2A) Subsection (2) (g) does not apply to a person who—

(a) for a person who resides in a State adjoining Queensland—

(i) satisfies the authorised officer that the person has a genuine reason for possessing a weapon for which a licence is required under this Act; and

(ii) is not disqualified from obtaining a similar licence in the adjoining State; or

(b) for a person who resides in a State other than an adjoining State but whose main place of residence is Queensland—is not disqualified from obtaining a similar licence in the other State.

(2B) Also, subsection (2)(g) does not apply to a person who—

(a) resides outside Queensland and intends visiting Queensland to engage in an activity that is a reason for possession of a weapon under section 11; and

(b) is entitled by law (whether or not under a licence) to possess and use a firearm or type of firearm in the State or country where the person usually resides; and

(3) A licence may be issued to a body, whether incorporated or unincorporated, only if—

(a) for a licence to be issued to an approved shooting club—

(i) it is endorsed with the name of an individual, who is a member of the club’s governing body and satisfies the requirements of subsection (2)(a) to (e), as the club’s representative in the conduct of its business or affairs; and

(ii) it is endorsed with the names and addresses of the individuals who are responsible for the safekeeping of the weapons or category of weapons possession of which is to be authorised by the licence when not in use by members of that club; or

(b) for a licence to be issued to another body, only if—

(i) the body has a reason mentioned in section 11 to possess a weapon; and

(ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2)(a) to (e), as the body’s representative in the conduct of its business or affairs.

(4) A licence enabling the licensee to carry on a business may be issued only if it is endorsed with the place at which the business is to be carried on. (5) If the business is to be carried on at more than 1 place, a separate application for each place must be made and a separate licence for each place issued. (6) In this section— similar licence, for a weapon in an adjoining or other State, means a licence, permit or authority issued under the law of the other State entitling the person to possession of the weapon. s 10 amd 1991 No. 97s 3sch 1; 1994 No. 13ss 7, 3sch sub 1996 No. 41s 8 amd 1997 No. 48s 8; 1998 No. 19s 28; 2003 No. 5s 4; 2007 No. 1s 32sch 2; 2013 No. 64s 218; 2016 No. 62s 472; 2024 No. 45s 57 10A Adequate knowledge of weapon (1) For section 10(2)(b), a person has an adequate knowledge of safety practices for the use, storage and maintenance of a weapon, or category of weapon, the possession of which is to be authorised by a licence (the new licence) if the person complies with subsection (2), (3) or (4). (2) The person complies with this subsection if the person satisfies the commissioner that the person has completed, within 1 year before the day the person applies for the issue of the new licence—

(a) if the new licence is a security licence (guard)—

(i) an approved safety training course (security guard); or

(ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (security guard); or

(b) if the new licence is not a security licence (guard)—

(i) an approved safety training course (general); or

(ii) a course in safety training for weapons conducted in another State that the commissioner is satisfied is at least equivalent to an approved safety training course (general).

(3) The person complies with this subsection if—

(a) within 1 year immediately before the day the person made the application for the new licence, the person was a licensee; and

(b) the licence (the previous licence) held by the person as a licensee was no longer in force when the person made the application for the new licence; and

(c) it was not a reason for the previous licence being no longer in force that the licence had been suspended or revoked under this Act; and

(d) the previous licence was a licence of 1 of the following classes—

(i) collector’s licence (heirloom) or (weapons);

(ii) concealable firearms licence;

(iii) firearms licence;

(iv) minor’s licence.

(4) The person complies with this subsection if the person is the holder of a current licence, equivalent to the new licence, issued under the law of another State or country. s 10A ins 2003 No. 5s 5 amd 2011 No. 37s 6; 2012 No. 40s 9 10AA Approval of training courses (1) The commissioner may approve a course as a safety training course (general) if the commissioner is satisfied the course—

(a) is about the safe use, storage and maintenance of a weapon that is authorised to be possessed under a licence other than a security licence (guard); and

(b) complies with the requirements prescribed under a regulation.

(2) The commissioner may approve a course as a safety training course (security guard) if the commissioner is satisfied the course—

(a) is about the safe use, storage and maintenance of either or both of the following—

(i) a weapon that is authorised to be possessed under a security licence (guard);

(ii) a restricted item; and

(b) complies with the requirements prescribed under a regulation.

(3) The commissioner must notify the approval of a course under subsection (1) or (2) on the QPS website. (4) Failure to comply with subsection (3) does not affect the validity of the approval. s 10AA ins 2011 No. 37s 7 10B Fit and proper person—licensees (1) In deciding or considering, for the issue, renewal, suspension or revocation of a licence, whether a person is, or is no longer, a fit and proper person to hold a licence, an authorised officer must consider, among other things—

(a) the mental and physical fitness of the person; and

(b) whether a domestic violence order has been made, police protection notice issued or release conditions imposed against the person; and

(c) whether the person has stated anything in or in connection with an application for a licence, or an application for the renewal of a licence, the person knows is false or misleading in a material particular; and

(ca) whether there is any criminal intelligence or other information to which the authorised officer has access that indicates—

(i) the person is a risk to public safety; or

(ii) that authorising the person to possess a weapon would be contrary to the public interest; and

(d) the public interest.

(2) Subsections (3) to (5) apply in relation to the issue, renewal or revocation of a licence. (3) A person is not a fit and proper person to hold or continue to hold the licence if the person—

(a) is a disqualified person; or

(b) is prevented by an order of a court, other than a temporary protection order, from holding or obtaining a licence or possessing a weapon.

(4) A person is not a fit and proper person to hold or continue to hold the licence if, within 10 years before the relevant day, the person—

(a) has been convicted of a class A serious offence or a class B serious offence; or

(b) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or

(c) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.

(5) A person is not a fit and proper person to hold or continue to hold the licence if, within 5 years before the relevant day—

(a) the person—

(i) has been convicted of a class C serious offence; or

(ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or

(iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or

(b) a domestic violence order, other than a temporary protection order, has been made against the person.

(6) Also, for the issue, renewal, suspension or revocation of a dealer’s licence, a person is not, or is no longer, a fit and proper person to hold or continue to hold the licence unless each associate of the person is a fit and proper person to be an associate of a licensed dealer under section 10C. (7) For subsections (4) and (5), the conviction—

(a) must be a recorded conviction; and

(b) may be a spent conviction.

(8) In this section— court means—

(a) the Magistrates Court or another Queensland court; or

(b) a court of another jurisdiction.

relevant day means—

(a) in relation to the issue or renewal of a licence—the day the application for the issue or renewal of the licence is made; or

(b) in relation to the revocation of a licence—the day the licensee is given a revocation notice under section 29 for the revocation.

s 10B ins 2003 No. 5s 5 amd 2003 No. 37s 6; 2013 No. 64s 219;2016 No. 62s 473; 2016 No. 51s 67; 2024 No. 45s 58 amd 2025 No. 18s 74 (uncommenced amendment) 10C Fit and proper person—licensed dealer’s associate (1) In deciding or considering, for the issue, renewal, suspension or revocation of a dealer’s licence, whether an associate of an applicant for a dealer’s licence or a licensed dealer is, or is no longer, a fit and proper person to be an associate of a licensed dealer, an authorised officer may consider any criminal intelligence or other information to which the authorised officer has access that indicates—

(a) the associate is a risk to public safety; or

(b) any relationship involving weapons between the associate and the applicant or licensed dealer would be contrary to the public interest.

(2) A person is not a fit and proper person to be an associate of a licensed dealer if—

(a) the person is a disqualified person; or

(b) within 10 years before the relevant day, the person—

(i) has been convicted of a class A serious offence or a class B serious offence; or

(ii) has been released from lawful custody in relation to a conviction for a class A serious offence or a class B serious offence; or

(iii) has been subject to a supervision order in relation to a conviction for a class A serious offence or a class B serious offence.

(3) Also, a person is not a fit and proper person to be an associate of a licensed dealer if an authorised officer is satisfied that any relationship involving weapons between the person and the applicant or licensed dealer would be contrary to the public interest because—

(a) within 5 years before the relevant day, the person—

(i) has been convicted of a class C serious offence; or

(ii) has been released from lawful custody in relation to a conviction for a class C serious offence; or

(iii) has been subject to a supervision order in relation to a conviction for a class C serious offence; or

(b) a domestic violence order, other than a temporary protection order, has been made against the person.

(4) For subsections (2) and (3)(a), the conviction—

(a) must be a recorded conviction; and

(b) may be a spent conviction.

(5) In this section— relevant day means—

(a) in relation to the issue or renewal of a dealer’s licence—the day an application for the issue or renewal of the licence is made; or

(b) in relation to the suspension of a dealer’s licence—the day the licensee is given a suspension notice under section 28 for the suspension; or

(c) in relation to the revocation of a dealer’s licence—the day the licensee is given a revocation notice under section 29 for the revocation.

s 10C ins 2003 No. 37s 7 amd 2013 No. 64s 220; 2016 No. 62s 474; 2024 No. 45s 59 amd 2025 No. 18s 75 (uncommenced amendment) 11 Genuine reasons for possession of a weapon The following are reasons for possession of a weapon—

(a) sports or target shooting;

(b) recreational shooting;

(d) the collection, preservation or study of weapons;

(e) another reason prescribed under a regulation.

s 11 sub 1996 No. 41s 8 amd 2011 No. 37s 8 12 Licences Licences are of the following classes—

(a) armourer’s licence;

(b) blank-fire firearms licence;

(d) concealable firearms licence;

(e) dealer’s licence;

(f) firearms licence;

(g) firearms licence (instructor);

(h) minor’s licence;

(i) security licence (organisation) or (guard);

(j) theatrical ordnance supplier’s licence;

(k) another licence prescribed under a regulation.

s 12 amd 1994 No. 13s 3sch sub 1996 No. 41s 8 amd 2003 No. 37s 8 13 Application for licence (1) An application for a licence must be—

(a) made in the approved form and state the applicant’s reason for wishing to possess a weapon (the reason); and

(b) made personally, in the way prescribed under a regulation, by—

(i) if the licence is for an individual—the person; or

(ii) if the licence is for a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and

(i) the fee prescribed under a regulation; and

(ii) proof of identity to the satisfaction of an authorised officer; and

(iii) other particulars prescribed under a regulation; and

(iv) the other relevant particulars the person to whom the application is made reasonably requires.

(2) If the reason is sports or target shooting, the applicant must provide proof the applicant is a current member of an approved shooting club. (3) If the reason is recreational shooting, the applicant must produce—

(a) written permission from a landowner authorising the applicant to shoot on the landowner’s rural land; or

(b) proof of current membership of a body prescribed under a regulation for this subsection.

(4) A body may be prescribed for subsection (3)(b) only if—

(a) it is a landowner of rural land; or

(b) it holds written permission from a landowner authorising members of the body to shoot on the landowner’s rural land.

(5) If the reason is an occupational requirement, the applicant must state why possession of a weapon is necessary in the conduct of the applicant’s business or employment. s 13 amd 1991 No. 97s 3sch 1; 1994 No. 13s 3sch sub 1996 No. 41s 8 amd 1997 No. 48s 9 14 Inquiries into application (1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a licence is lodged may—

(a) make an inquiry or investigation about the applicant or the application; and

(b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including—

(i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and

(ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and

(c) inspect the secure storage facilities for the weapon or category of weapon possession of which is to be authorised by the licence; and

(d) supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and

(e) require the applicant to display an adequate knowledge of the safety practices for the use, storage and maintenance of the weapon or category of weapons the possession of which is to be authorised under the licence; and

(f) make a report about the applicant or the application; and

(g) make the recommendation about the application the officer thinks appropriate.

(2) If an authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity. (3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant—

(a) refuses to provide the information reasonably required under subsection (1)(b); or

(b) refuses to allow the inspection under subsection (1)(c); or

(4) If information about the applicant’s mental health given under subsection (1)(b) is provided in a doctor’s or psychologist’s report, an authorised officer may—

(a) make information in the officer’s possession available to the doctor or psychologist; and

(b) ask the doctor or psychologist to provide a further report.

(5) The authorised officer may make the information available only if the officer considers, on reasonable grounds—

(a) the doctor or psychologist was not aware of the information; and

(b) the information may influence the doctor’s or psychologist’s opinion about the applicant’s mental health.

(6) The authorised officer must also advise the applicant of the information being supplied to the doctor or psychologist. (7) The authorised officer may make the information available under subsection (4) despite the provisions of any other Act. (8) Unless the authorised officer considers that it is currently required for the investigation of an offence, the authorised officer must, after deciding the application—

(a) return to the applicant any identifying particular obtained in the course of inquiries into the application; and

(b) destroy any record or copy of the identifying particular.

(9) 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. (10) In this section— applicant includes, for a body, an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs. s 14 sub 1996 No. 41s 8 amd 1997 No. 48s 10; 2013 No. 64s 221; 2016 No. 62s 475 15 Authorised officer decides application (1) An authorised officer must decide an application for a licence (other than renewal of a licence) as soon as practicable after the end of the period prescribed for this section under a regulation. (2) However, the authorised officer may decide the application within the prescribed period if the applicant is the holder of an existing licence of another class. (3) In deciding the application, the authorised officer may consider anything at the officer’s disposal. Note— Additional requirements are prescribed for particular applications under section 18A, 18B or 18C. (4) The authorised officer must—

(a) approve the application and issue the licence subject to any conditions the authorised officer may decide, including, but not limited to—

(i) conditions limiting the use or possession of a weapon; or

(ii) conditions prescribed under a regulation and applying to the weapon; or

(iii) for a licence authorising possession of a category M crossbow—conditions requiring the licensee within 7 days to permanently mark on the crossbow an identifying serial number fixed by the authorised officer for the crossbow; or

(iv) any other conditions the authorised officer considers appropriate in the particular circumstances; or

(b) reject the application.

(5) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis. (6) A person whose application is rejected because the person is not a fit and proper person to hold a licence is not entitled to reapply for a licence—

(a) if the person’s application was rejected because the person was not a fit and proper person under section 10B(3), (4) or (5)—until the day the section stops having the effect that the person is not a fit and proper person under that subsection; or

(b) otherwise—until the day 3 years after the day the application was rejected.

s 15 amd 1994 No. 13s 8 sub 1996 No. 41s 8 amd 1997 No. 48s 11; 2003 No. 5s 6; 2003 No. 37s 9; 2003 No. 92ss 55, 66; 2024 No. 45s 60 16 Issue of licence (1) A licence must be—

(a) in the approved form; and

(b) endorsed with—

(i) the weapon or category of weapon the possession of which is authorised by the licence; and

(ii) any conditions decided by an authorised officer; and

(iii) if the licence is an armourer’s, collector’s or dealer’s licence or a security licence (organisation)—the place approved for the secure storage of the weapon or category of weapon possession of which is authorised by the licence.

(2) A condition or any other information to be endorsed on a licence may be endorsed on the licence or a certificate issued for the licence. (3) The condition or information may be endorsed on the licence or certificate by a word that is given a meaning by a code prescribed under a regulation. (4) A regulation may prescribe things that must be provided for on the approved form of licence. s 16 amd 1991 No. 97s 3sch 1; 1994 No. 13s 3sch sub 1996 No. 41s 8 amd 2003 No. 37s 10 17 s 17 amd 1994 No. 13s 3sch sub 1996 No. 41s 8 om 2003 No. 37s 11 18 Renewal of licences (1) A licensee may apply for the renewal of the licensee’s licence. (1A) The licensee must make the application for renewal of the licence on or before the day the licence expires. (2) An application for renewal of a licence must be—

(a) made in the approved form; and

(b) made personally, in the way prescribed under a regulation, by—

(i) for a licence issued to an individual—the licensee; or

(ii) for a licence issued to a body, whether incorporated or unincorporated—an individual nominated by the body for endorsement on the licence as the body’s representative in the conduct of its business or affairs; and

(3) If an officer in charge of police receives the application, the officer must refer the application to an authorised officer. (4) An authorised officer must ensure the application is decided—

(a) as soon as practicable after the application is made; and

(b) if the application is not decided on or before the day the licence expires—within 42 days after the day the licence expires.

(5) In deciding the application, the authorised officer may consider anything at the officer’s disposal. (6) The authorised officer must—

(a) approve the application and renew the licence subject to any conditions the authorised officer may decide; or

(b) reject the application.

(7) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may reject the application because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves that the application be rejected on that basis. (8) A licence may be renewed by—

(a) endorsing the existing licence; or

(b) cancelling the licence and issuing a fresh licence endorsed with any condition decided by an authorised officer or other information.

(9) Section 10 (1), (2)(a), (2)(c) to (g) and (2A) to (3) applies to the renewal of a licence. (10) For applying the provisions mentioned in subsection (9) to the renewal of a licence, a reference to the issue of the licence is taken to be a reference to the renewal of the licence. s 18 amd 1994 No. 13s 3sch sub 1996 No. 41s 8 amd 1998 No. 19s 29; 2003 No. 5s 7; 2003 No. 37s 12; 2007 No. 1s 32sch 2; 2013 No. 64s 222; 2016 No. 62s 476; 2024 No. 45s 61 18AA Alternative provision for renewal application if licensee is an individual (1) This section applies if a licensee is an individual. (2) However, this section applies to a licensee only if, when the licensee is required to apply for the renewal of a licence, the licensee—

(a) is temporarily absent from Australia for a genuine occupational reason; or

(b) is temporarily a patient in a hospital.

(3) Also, this section applies despite section 18(2)(b)(i). (4) If the licensee authorises an attorney under a power of attorney to make the application for the licensee, the attorney may make the application for renewal of the licensee’s licence for the licensee. (5) However, the attorney may make the application—

(a) only on a single occasion; and

(b) only if the attorney gives the authorised officer a statutory declaration stating that the attorney is not entitled to any fee or other benefit for making the application.

(6) The attorney must make the application by—

(a) personally giving to a police officer at a police station or police establishment a renewal application completed and signed by the licensee; and

(b) producing to the police officer the information mentioned in section 18AB (required information).

s 18AA ins 2005 No. 17s 37 18AB What is required information for s 18AA (1) The required information for section 18AA is as follows—

(a) photographic evidence of the attorney’s identity;

(b) the original of the instrument conferring the power of attorney, or a copy of the instrument certified by a justice of the peace, commissioner for declarations, lawyer or notary public as a true copy of the instrument;

(2) If the attorney makes the application because the licensee is temporarily absent from Australia for a genuine occupational reason, the statutory declaration must be signed by the licensee and state the following—

(a) the licensee is temporarily absent from Australia for a genuine occupational reason;

(b) the genuine occupational reason for the licensee’s absence;

(3) If the attorney makes the application because the licensee is temporarily a patient in a hospital, the statutory declaration must be signed by the licensee and state the following—

(a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition;

(b) the nature of the medical condition;

(4) If the attorney makes the application because the licensee is temporarily a patient in a hospital and the licensee is unable to make the declaration because of a genuine medical reason, the statutory declaration must be signed by the attorney and state the following—

(a) the licensee is temporarily a patient in a stated hospital because of a genuine medical condition;

(b) the nature of the medical condition;

(d) the licensee is unable to make the application.

s 18AB ins 2005 No. 17s 37 18A Additional application requirements for collector’s licence (weapons) for category H weapon (1) If the application is for a collector’s licence (weapons) or the renewal of a collector’s licence (weapons) and the licensee intends to possess a temporarily inoperable category H weapon, the application must include a current declaration signed by an approved historical society’s representative stating—

(a) the applicant holds current membership with the approved historical society; and

(b) the representative is satisfied that the applicant is a genuine collector of weapons.

(2) Subsection (1) does not apply if the applicant is an approved historical society. (3) A declaration mentioned in subsection (1) is current for 28 days after the day it is signed by the representative. s 18A ins 2003 No. 37s 13 18B Additional application requirements for concealable firearms licence (1) If the application is for a concealable firearms licence and the applicant’s reason for possession of a weapon under that licence is sports or target shooting, the application must include a current declaration by the representative of an approved pistol club stating that—

(a) the applicant holds current membership with the pistol club; and

(b) the applicant has been a member of the pistol club for the 6 month period immediately before the declaration is made; and

(2) Subsection (3) applies if an applicant for a concealable firearms licence—

(a) holds a licence or other authority under a law of another State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; or

(b) was, within the period prescribed under a regulation for this section, a resident of another country and at the time of the application resides only in Queensland.

(3) The declaration included in the application need not address the matters mentioned in subsection (1)(b) or (c) if the application is accompanied by evidence—

(a) for subsection (2)(a), that the applicant—

(i) has been a member of a shooting club in the other State for the 6 month period immediately before the declaration is made; and

(ii) holds a licence or other authority under a law of the other State that corresponds with this Act authorising the applicant to possess a category H weapon for sports or target shooting; and

(iii) has held the authority mentioned in subparagraph (ii) for at least 12 months; and

(iv) has, in the other State, participated in not less than the number of handgun shooting competitions necessary to comply with the law of the other State; or

(b) for subsection (2)(b), that the applicant—

(i) was permitted or authorised under the law of the other country to possess a category H weapon for sports or target shooting; and

(ii) has, within the 2 year period immediately before the declaration is made, consistently participated at a national or international level in internationally recognised shooting competitions for a category H weapon. Examples of internationally recognised shooting competitions—

• shooting competitions in the Olympic Games

• shooting competitions in the Commonwealth Games

• metallic silhouette world championship

(4) If the application is for the renewal of a concealable firearms licence and the applicant’s reason for possession of a weapon is sports or target shooting, the application must include—

(a) a current declaration by the representative of an approved shooting club stating that the applicant holds current membership with the shooting club; and

(b) a copy of the applicant’s participation record for the period of the applicant’s current licence.

(5) A declaration under this section is current for 28 days after the day it is signed by the representative. s 18B ins 2003 No. 37s 13 amd 2007 No. 1s 32sch 2 18C Additional application requirements for dealer’s licence If the application is for a dealer’s licence or the renewal of a dealer’s licence, the approved form must require the applicant to disclose—

(a) the full name, occupation and residential address of each person who is an associate of the applicant for the dealer’s licence or the licensed dealer; and

(b) details of the relevant interest, relevant power or relevant position each associate holds or will hold or may be entitled to exercise.

s 18C ins 2003 No. 37s 13 18D Delegation by representative (1) A representative of a body or club may delegate the representative’s power to make a declaration under section 18A or 18B to an appropriate person. (2) An authorised officer may, by written notice given to the body or club, revoke the delegation if the authorised officer reasonably suspects the person to whom power is delegated under subsection (1) is not, or is no longer, an appropriate person. (3) The revocation of a delegation under subsection (2) does not affect the validity of a licence issued or renewed before the delegation was revoked. (4) In this section— appropriate person, to whom a power may be delegated by a representative of a body or club, means a person who is a member of the governing body of the body or club. s 18D ins 2012 No. 40s 10 19 Notice of rejection of application to issue or renew licence (1) If an authorised officer rejects an application for a licence or renewal of a licence, the authorised officer must give the applicant a notice of rejection in the approved form stating the specific reasons for the rejection. (2) If a reason an authorised officer rejects an application is criminal intelligence or other information that is not publicly available, it is enough that the notice under subsection (1) states the specific reason for rejection as ‘confidential information’. (3) The notice may be given to the applicant by sending it to the applicant by security post at the address shown on the application. s 19 sub 1996 No. 41s 8 amd 2003 No. 37s 14; 2013 No. 64s 223; 2016 No. 62s 477 20 Term of licence (1) A licence, other than a replacement licence, remains in force for the term stated on the licence which must not be more than—

(a) if the licence is for a category A or B weapon—10 years; or

(b) if the licence is for a weapon other than a category A or B weapon—5 years.

(2) Despite subsection (1) but subject to any direction by the commissioner, an authorised officer may, by written notice given to a licensee, extend the term the licensee’s licence remains in force to a day that coincides with the licensee’s next birthday. (3) No fee is payable for the extension of a term under subsection (2). (4) A replacement licence remains in force for the unexpired term of the licence which it replaces. (5) An existing licence stops being in force if a replacement licence is issued instead of the licence. (6) Also, a licence, including a replacement licence, stops being in force if—

(a) it is suspended, cancelled, revoked or surrendered; or

(b) the licensee dies or is disqualified from holding the licence; or

s 20 sub 1996 No. 41s 8 amd 1997 No. 48s 12; 2003 No. 37s 15; 2012 No. 40s 11 20A Continuation of licence until renewal application dealt with (1) This section applies if—

(a) a licensee applies under section 18 for the renewal of a licence; and

(b) the application is not decided on or before the day the licence expires.

(2) The licence, as in force immediately before its expiry, continues in force, as if it had not expired, until the first of the following happens—

(a) the authorised officer deciding the application approves the application and renews the licence;

(b) the authorised officer deciding the application rejects the application and gives the applicant the notice of rejection under section 19(1);

s 20A ins 2003 No. 5s 8 21 Certain licences transferable (1) A licence is transferable only in the circumstances mentioned in this section. (2) The following licences may be transferred on a sale of a business—

• armourer’s licence

• dealer’s licence

• security licence (organisation)

• theatrical ordnance supplier’s licence.

(3) The proposed purchaser of the business must apply for the appropriate licence under section 13. (4) If an authorised officer is satisfied the proposed purchaser is otherwise entitled to be issued with the licence, the authorised officer may approve the transfer of the licence subject to the sale of a business being finalised. (5) If an authorised officer approves the transfer, the purchaser is taken to be the holder of the licence from the time the sale is finalised until the licence is formally transferred or a fresh licence is issued in the purchaser’s name for the balance of the original licence’s term. s 21 sub 1996 No. 41s 8 amd 2003 No. 37s 16 22 Reporting loss, destruction or theft of licence A licensee must report the loss, destruction or theft of the licence to an officer in charge of police immediately after the licensee becomes aware of the loss, destruction or theft. Maximum penalty—10 penalty units. s 22 amd 1994 No. 13s 3sch sub 1996 No. 41s 8 23 Replacement licence (1) This section applies if an authorised officer is satisfied—

(a) a licence is lost, destroyed or stolen; or

(b) any writing or endorsement on a licence is illegible and the licence is surrendered to an officer in charge of police.

(2) The authorised officer may issue to the licensee a licence (the replacement licence) instead of the existing licence on—

(a) application by the licensee in the approved form; and

(b) payment of the fee prescribed under a regulation.

s 23 sub 1996 No. 41s 8 24 Change in licensee’s circumstances (1) It is a condition of each licence that a licensee must, within 14 days of the happening of an event mentioned in subsection (2) (the change), advise an officer in charge of police of the change and the particulars of the change the officer reasonably requires. (2) The events are—

(a) any of the following events—

(i) a change of address for the licensee or the licensee’s representative;

(ii) a change in the mental or physical fitness of the licensee or the licensee’s representative;

(iii) the licensee or the licensee’s representative is charged with, or convicted of, a serious offence;

(iv) a domestic violence order is made against the licensee or the licensee’s representative;

(v) the licensee or the licensee’s representative becomes a disqualified person; or

(b) a change in the licensee’s—

(i) reason or need for possessing or using a weapon; or

(ii) access to secure storage facilities for the licensee’s weapon; or

(d) a change in the place entered in the firearms register as the place where a firearm is generally kept if the licensee is the registered owner of the firearm; or

(e) if the licensee is a licensed dealer, a change in the licensee’s associates; or

(f) the revocation of the licensee’s permission to shoot on a landowner’s rural land; or

(g) another event prescribed under a regulation.

(2A) Subject to subsection (3), the advice must be given in a way prescribed by regulation. (3) If advice of a change in the licensee’s associates is given under subsection (2)(e), the advice must be given in the approved form and include—

(a) the full name, occupation and residential address of each of the licensee’s associates; and

(b) details of the associate’s relevant financial interest, relevant power or relevant position in the licensee’s business.

(4) The officer in charge must advise an authorised officer of the change. (5) The authorised officer must—

(a) if the change is to a particular on the licence and the authorised officer is satisfied of the correctness of the change—endorse the licence with the change; or

(b) otherwise—take the appropriate action in relation to the licence.

(6) In this section— representative of a licensee means a person who is endorsed—

(a) on the licensee’s licence as the licensee’s representative; or

(b) on a permit to acquire issued to the licensee as the licensee’s representative.

s 24 sub 1996 No. 41s 8 amd 1997 No. 48s 13; 2003 No. 5s 9; 2003 No. 37s 17; 2012 No. 40s 12; 2024 No. 45s 62 amd 2025 No. 18s 76 (uncommenced amendment) 25 Authorised officer may amend licence conditions (1) An authorised officer may amend the conditions of a licence—

(a) on the licensee’s application; or

(b) on the authorised officer’s own initiative.

(2) Before making an amendment under subsection (1)(b), the authorised officer must—

(a) give written notice to the licensee—

(i) of the details of the proposed amendment; and

(ii) that the licensee may make written submissions to the authorised officer about the proposed amendment before a stated day, not earlier than 21 days after the notice is given to the licensee; and

(b) have regard to submissions made to the authorised officer by the licensee before the stated day.

(3) If an authorised officer decides to amend the conditions of a licence, the authorised officer must give written notice of the amendment to the licensee. (4) The amendment takes effect—

(a) on the day the written notice of the amendment is given to the licensee; or

(b) if a later day is stated in the notice—on the stated day.

(5) An authorised officer may refuse to make an amendment under subsection (1)(a) by written notice given to the licensee stating the reasons for the refusal. (6) In this section— conditions of a licence means conditions decided by an authorised officer under section 15(4)(a). s 25 amd 1994 No. 13s 3sch sub 1996 No. 41s 8 amd 2003 No. 37s 18; 2007 No. 1s 32sch 2 25A Authorised officer may require information about licensed dealer’s associates (1) An authorised officer may, by written notice, require a licensed dealer to give a declaration to the authorised officer in the approved form—

(a) if the dealer did not previously have an associate and now has an associate or the dealer’s associates have changed, advising the name and address of each associate of the dealer and details of the associate’s relevant financial interest, relevant power or relevant position in the dealer’s business; or

(b) if paragraph (a) does not apply, advising the associates of the dealer have not changed since the dealer—

(i) most recently applied for the dealer’s licence or renewal of the licence; or

(ii) advised an officer, and delivered the licence to the officer, as required under section 24(1); or

(iii) gave a declaration under this section to the authorised officer.

(2) The licensed dealer must give the declaration as required under subsection (1) within 7 days after the written notice is given to the dealer, unless the dealer has a reasonable excuse. Maximum penalty—100 penalty units. (3) A licensed dealer who is required to give a declaration to an authorised officer under subsection (1) and gives a declaration under the subsection with information about—

(a) the dealer’s associates; or

(b) details of the dealer’s associates; or

can not be prosecuted for a failure to disclose that information before the authorised officer made that requirement. (4) It is not a reasonable excuse for subsection (2) that giving the declaration as mentioned in the subsection may incriminate the person for an offence for which the person can not be prosecuted under subsection (3). s 25A ins 2003 No. 37s 19 26 Change of approved place (1) This section applies to an approved place endorsed on a licence under section 16(1)(b)(iii). (2) On application by the licensee, an authorised officer may change the approved place to another place if the authorised officer is satisfied the other place fulfils the requirements of this Act. (3) The authorised officer may endorse the licence with the change. s 26 amd 1994 No. 13s 3sch sub 1996 No. 41s 8 27 Surrender of licence (1) A licensee may surrender the licence by—

(a) giving written notice of surrender; and

(b) surrendering the licence.

(2) The notice must be given and the licence surrendered to an authorised officer or officer in charge of police. s 27 amd 1994 No. 13s 3sch sub 1996 No. 41s 8 27A Effect of temporary protection order, police protection notice or release conditions on licence (1) If a person is a licensee and is named as the respondent in a temporary protection order, police protection notice or release conditions, the licence is suspended while the order, notice or conditions are in force. (2) If a person is a body’s representative and is named as the respondent in a temporary protection order, police protection notice or release conditions—

(a) any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective while the order, notice or conditions are in force; and

(b) the body’s licence is suspended 7 days after the licensee is given the order, notice or conditions unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.

(3) Subsections (1) and (2)(a) take effect—

(a) if the respondent is present in court when the temporary protection order is made—from the time of the order; or

(b) otherwise—when the respondent is given the order, notice or conditions.

(4) A suspension under subsection (2)(b) ends on the earlier of the following—

(a) when another individual is endorsed on the licence as the body’s representative in substitution for the respondent;

(b) the order, notice or conditions are no longer in force.

(5) Subsections (1) and (2)(a) stop having effect when the order, notice or conditions are no longer in force. (6) If the licensee of a licence suspended under subsection (1) or (2)(b) holds a permit to acquire, the permit is also suspended while the licence is suspended. (7) Despite a suspension under this section, an authorised officer may suspend the licence under section 28. s 27A ins 2002 No. 6s 47 amd 2007 No. 1s 32sch 2; 2016 No. 51s 68 27B Notice of intention to revoke because dealer’s associate is not fit and proper (1) This section applies if an authorised officer is satisfied that an associate of a licensed dealer is not a fit and proper person to be an associate of a licensed dealer. Note— See also sections 10B and 10C. (2) Before revoking the licensed dealer’s licence, the authorised officer must give the dealer a notice stating that the authorised officer—

(a) is satisfied that a named associate of the dealer is not a fit and proper person to be an associate of a licensed dealer; and

(b) intends to give the dealer a revocation notice under section 29 unless the dealer discontinues the dealer’s association with the associate within a stated reasonable time.

(3) In deciding what is a reasonable time, regard is to be had to the following—

(a) the extent of the associate’s relevant financial interest in the dealer’s business;

(b) any relevant power the associate may exercise in the dealer’s business;

(d) the public interest.

s 27B ins 2003 No. 37s 20 amd 2024 No. 45s 63 28 Suspension of licence by giving suspension notice (1) An authorised officer may, by a suspension notice given to a licensee, suspend the licence if the authorised officer—

(a) is satisfied that the licensee—

(i) has been charged with a serious offence; or

(ii) is temporarily unable to comply with a condition of the licence; or

(b) considers, on reasonable grounds, that the licensee may no longer be a fit and proper person to hold a licence. Note— See also sections 10B and 10C.

(2) The licence is suspended until—

(a) if subsection (1)(a)(i) applies—

(i) the proceeding for the charge ends; or

(ii) the suspension is lifted by an authorised officer; or

(b) if subsection (1)(a)(ii) applies—the authorised officer is satisfied the licensee is able to comply with the condition and lifts the suspension; or

(i) the day the authorised officer is satisfied the person is a fit and proper person to hold a licence and lifts the suspension;

(ii) the day 90 days after the licence is suspended.

(3) If a licensee whose licence is suspended under this section holds a permit to acquire, the permit is also suspended. (4) However, if the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may suspend the licence because the licensee is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be suspended on that basis. s 28 sub 1994 No. 13s 9; 1996 No. 41s 8 amd 1997 No. 48s 14; 2002 No. 6s 48; 2003 No. 5s 10; 2003 No. 37s 21; 2020 No. 7s 78; 2024 No. 45s 64 28A Revocation or suspension of licence and related matters after protection order is made (1) If a person is a licensee and is named as the respondent in a protection order, the licence is revoked. (2) If a person is a body’s representative and is named as the respondent in a protection order—

(a) any authority the respondent has to possess a weapon because the respondent is the body’s representative is ineffective; and

(b) the body’s licence is suspended 7 days after the day the licensee is given the protection order unless, in that period, another individual is endorsed on the licence as the body’s representative in substitution for the respondent.

(3) Subsections (1) and (2)(a) take effect—

(a) if the respondent is present in court when the protection order is made—on the making of the order; or

(b) otherwise—when the respondent is given the protection order.

(4) A suspension under subsection (2)(b) ends on the earlier of the following—

(a) when another individual is endorsed on the licence as the body’s representative in substitution for the respondent;

(b) the protection order is no longer in force.

(5) If the licensee of a licence revoked under subsection (1) or suspended under subsection (2)(b) holds a permit to acquire, the permit is revoked or suspended while the licence is revoked or suspended. (6) Despite a suspension under subsection (2)(b), an authorised officer may suspend the licence under section 28. s 28A ins 2002 No. 6s 49 amd 2025 No. 18s 77 (uncommenced amendment) 29 Revocation of licence by giving revocation notice (1) An authorised officer may, by a revocation notice given to a licensee, revoke the licensee’s licence if the authorised officer is satisfied of any of the following things—

(a) the licence has been obtained through fraud or deception;

(b) the licensee has been convicted of an offence against any law in force in Queensland or elsewhere involving the use, carriage, discharge or possession of a weapon;

(d) the licensee is no longer a fit and proper person to hold a licence; Note— See sections 10B and 10C.

(e) the licensee no longer has a reason mentioned in section 11 to possess a weapon;

(f) for an armourer’s licence, dealer’s licence or theatrical ordnance supplier’s licence—

(i) the licensed armourer, licensed dealer or licensed theatrical ordnance supplier is not in charge of the premises stated in the licence; or

(ii) the premises stated in the licence are no longer satisfactory for carrying out the business;

(g) for a collector’s licence—

(i) the licensed collector is no longer a genuine collector or is not in charge of the premises where the collector’s weapons are usually kept; or

(ii) the premises where the collection is usually kept are no longer satisfactory for the safekeeping of weapons.

(2) Also, if a licensee reports or states to a police officer that a weapon or 1 or more weapons of which the licensee is the registered owner were lost or stolen, an authorised officer may, by a revocation notice given to the licensee, revoke the licensee’s licence if—

(a) the licensee fails to satisfy the authorised officer that the licensee took reasonable precautions to prevent the loss or theft; or

(b) the authorised officer reasonably believes that the licensee has unlawfully disposed of the weapon.

(3) If the authorised officer is acting on the basis of criminal intelligence or other information of the kind mentioned in section 10B(1)(ca) or 10C(1), the authorised officer may revoke the licence because the person is not a fit and proper person only if the commissioner or deputy commissioner, acting personally, approves the licence be revoked on that basis. (4) If a licensee whose licence is revoked under this section holds a permit to acquire, the permit is also revoked. (5) This section does not prevent an authorised officer reinstating a licence that is revoked by the authorised officer because of a mistake of fact. Examples for subsection (5)—

1 J was charged with an offence and although no conviction was recorded for the offence, police records indicated a conviction had been recorded.

2 A was required to be a member of a pistol club but the club failed to tell the commissioner that A had joined the club before the revocation happened.

(6) A licence reinstated under subsection (5) is taken not to have been revoked. (7) The licence may be reinstated by—

(a) returning the licence; or

(b) issuing a fresh licence.

(8) The authorised officer must also ensure any entry made in the firearms register because of the revocation is corrected. s 29 sub 1996 No. 41s 8 amd 1997 No. 48s 15; 1998 No. 19s 30; 2002 No. 6s 50; 2003 No. 5s 11; 2003 No. 37s 22; 2024 No. 45s 65 29A Action by court if respondent has access to weapons through employment (1) This section applies if—

(a) a person is the respondent in a domestic violence order, police protection notice or release conditions; and

(b) under section 27A or 28A, the respondent’s licence is suspended or revoked, or the respondent is a representative of a body and the authority to possess a weapon as the body’s representative is ineffective; and

(c) an authorised officer reasonably considers the respondent has access to a weapon as part of the respondent’s employment.

(2) The authorised officer must—

(a) consider the circumstances of the employment; and

(b) consider the respondent’s access to the weapon; and

(c) consider the employment arrangements and whether there is an effective individual within the employing entity to whom to give a copy of the order, notice or conditions to ensure the respondent does not possess a weapon as part of the respondent’s employment; and

(d) if the authorised officer considers there is an effective individual within the employing entity—give a copy of the order, notice or conditions to the effective individual.

(3) The effective individual may disclose information about the order, notice or conditions to another person within the employing entity to the extent necessary to ensure the respondent does not possess a weapon as part of the respondent’s employment. (4) However, the effective individual must not disclose information about the order, notice or conditions to anyone else, other than as permitted under subsection (3) or expressly permitted by a court or magistrate under the Domestic and Family Violence Protection Act 2012, section 159. Maximum penalty—40 penalty units or 1 year’s imprisonment. (5) In this section— effective individual within the employing entity, relating to a respondent, means any 1 of the following who is in a position to ensure the respondent does not possess weapons as part of the respondent’s employment—

(a) the employer if the employer is an individual;

(b) another partner in a partnership in which the respondent is a partner;

employment, of a respondent, includes employment by a partnership in which the respondent is a partner. s 29A ins 2002 No. 6s 51 amd 2012 No. 5s 230sch 1pt 2; 2016 No. 51s 69 amd 2025 No. 18s 78 (uncommenced amendment) 29B Arrangements for surrender of suspended or revoked licences and weapons (1) This section applies to a person whose licence is suspended under section 27A or revoked under section 28A, because the person is named as the respondent in a domestic violence order, police protection notice or release conditions. (2) Subsection (3) applies—

(a) if the respondent is present—

(i) in court when the court makes the order; or

(ii) when a police officer issues and explains the notice; or

(b) when a police officer gives the order or notice to the respondent at a place other than the respondent’s place of residence; or

(3) The respondent must immediately do the following—

(a) if the respondent’s licence is in the respondent’s possession—give the licence to a police officer;

(b) if the respondent’s licence is not in the respondent’s possession—arrange with a police officer to give the licence to a police officer no later than 1 day after—

(i) for subsection (2)(a)—the order is made or notice is issued;

(ii) otherwise—the order, notice or conditions are given to the respondent;

(c) arrange with a police officer to give to a police officer any weapon the respondent possesses, or to otherwise surrender the weapon, as soon as practicable, but no later than 1 day, after—

(i) for subsection (2)(a)—the order is made or notice is issued;

(ii) otherwise—the order, notice or conditions are given to the respondent.

Maximum penalty—10 penalty units. (4) If a police officer personally serves the order or notice on the respondent at the respondent’s place of residence, the respondent must immediately give the weapons licence and any weapon in the respondent’s possession to the police officer unless the respondent has a reasonable excuse for not doing so. Maximum penalty—10 penalty units. (5) Also, a respondent must immediately give the weapons licence or any weapon in the respondent’s possession to a police officer (the surrender officer) if—

(a) a police officer made arrangements under subsection (3) with the respondent about the weapons licence or any weapon in the respondent’s possession; and

(b) the surrender officer believes the respondent has not complied with the arrangements; and

(c) the surrender officer asks the respondent to give the officer the weapons licence or any weapon in the respondent’s possession.

Maximum penalty—10 penalty units. (6) If a weapon is given to a police officer under this section and, within 3 months of the weapon being given to the police officer, the respondent wants to otherwise surrender it, the respondent may make arrangements with a police officer for a licensed dealer or licensed armourer, in company with the respondent, to collect the weapon. (7) The Police Powers and Responsibilities Act 2000 also provides for the role of police officers, and for offences by respondents, after a domestic violence order, police protection notice or release conditions are made. (8) In this section— made includes issued or imposed. otherwise surrender, for a weapon, means the respondent deals with the weapon in the following way—

(a) the respondent consigns the weapon to a licensed dealer or licensed armourer—

(i) for sale; or

(ii) for storage for a period that does not end before the period of the domestic violence order;

(b) the respondent obtains a copy of the transaction notification for the weapon’s consignment from the licensed dealer or licensed armourer and, if the weapon is consigned for storage, the transaction notification states the respondent acknowledges the cost of the storage is the responsibility of the respondent;

(i) immediately; or

(ii) within the time allowed under this section for giving the weapon to a police officer.

s 29B ins 2002 No. 6s 51 amd 2003 No. 37s 22A; 2016 No. 51s 70; 2024 No. 45s 66 amd 2025 No. 18s 79 (uncommenced amendment) 30 Suspension or revocation notice (1) A suspension or revocation notice must—

(a) be in the approved form; and

(b) state the specific reasons for the suspension or revocation of the licence; and

(i) the licence and any relevant permit to acquire to a stated police officer at a stated reasonable time and place; and

(ii) the weapon held by the licensee under the licence in a way prescribed under subsection (4) or (5) at, or by, a stated reasonable time.

(1A) If a reason an authorised officer suspends or revokes a licence is criminal intelligence or other information that is not publicly available, it is enough that the notice states the specific reason as ‘confidential information’. (2) A suspension or revocation notice may have effect immediately only if it, or a copy of it, is given personally to the licensee or a person endorsed on the licence as representing the licensee. (3) A person who is given a suspension or revocation notice must comply with the directions in the notice. Maximum penalty—20 penalty units or 6 months imprisonment. (4) A weapon to be surrendered under a suspension or revocation notice may be surrendered by delivering it to any police officer. (5) A weapon may also be surrendered by—

(a) delivering it to a licensed dealer or other person authorised under this Act to possess the weapon; and

(b) obtaining from the person to whom the weapon is delivered a receipt in the approved form for the weapon; and

(c) giving the receipt, within the time stated in the notice for the surrender of the weapon, to the police officer mentioned in subsection (1)(c)(i).

(6) An authorised officer may extend the time for compliance with a suspension or revocation notice (the compliance time) if the person to whom the notice is given applies to the authorised officer for an extension before the end of the compliance time. s 30 ins 1996 No. 41s 8 amd 2003 No. 37s 23; 2013 No. 64s 224; 2016 No. 62s 478 31 Licensee’s representative (1) This section applies to—

(a) a licensee who holds a licence to enable the licensee to carry on business; and

(b) an applicant for a licence to enable the applicant to carry on business.

(2) The licensee or applicant may apply for the licence to be endorsed with the name of a fit and proper individual as the licensee’s or applicant’s representative in the conduct of its business or affairs at the place stated in the application. (3) A licensee may apply for the licence to be endorsed with the name of a fit and proper individual instead of another person already endorsed as the licensee’s representative under this or another section. (4) An application under subsection (2) or (3) must be made in the approved form in the way prescribed under a regulation. (5) In this section— fit and proper individual means an individual who, if the person applied for a licence, would be a fit and proper person under section 10B. s 31 ins 1996 No. 41s 8 amd 2003 No. 5s 12 32 Temporary recognition of interstate licences for particular purposes (1) This section applies if a person who holds a licence, permit or authority issued under the law of another State entitling the person to possession of a weapon visits Queensland—

(a) to participate in a shooting competition conducted by an approved shooting club or approved by the commissioner; or

(b) for another purpose specified under a regulation for this section.

(2) The person’s licence, permit or authority is taken to authorise possession and use of the weapon in accordance with this Act—

(a) for the purpose of participating in the competition; or

(b) for the other purpose specified under the regulation—if the person complies with any conditions specified in the regulation for the purpose.

s 32 ins 1996 No. 41s 8 amd 1997 No. 48s 16; 2024 No. 45s 67 33 Interstate residents moving to Queensland (1) This section applies if a resident of another State who is the holder of a licence under the law of the other State authorising possession of a category A, B, C, D or H weapon or a category M crossbow gives written notice to the commissioner of the person’s intention to reside permanently in Queensland. (2) The person’s licence is taken to be the corresponding licence under this Act in force for the period mentioned in subsection (3) or until the day the person’s application for a licence under this Act is approved or rejected, whichever is the earlier. (3) The period is—

(a) for a licence authorising possession of a category A or B weapon or a category M crossbow—3 months; and

(b) for a licence authorising possession of a category C, D or H weapon—7 days.

(4) The period mentioned in subsection (3) starts on the day the person notifies the commissioner of the person’s intention to reside permanently in Queensland. (5) If the holder of a licence authorising possession of a category C, D or H weapon notifies the commissioner and makes application for a licence under this Act within the time allowed under subsection (3)(b), the person does not contravene section 50 while the person’s application is being decided merely because the 7 day period has passed. (6) In this section— corresponding licence, to a licence held under the law of another State, means—

(a) a licence under this Act declared under a regulation to be a corresponding licence; or

(b) if no regulation is made under paragraph (a) or the regulation makes insufficient provision—a licence under this Act that most closely corresponds to the other licence.

s 33 ins 1996 No. 41s 8 amd 2003 No. 92s 67; 2005 No. 17s 38 34 Contravention of licence condition (1) A licensee must not contravene a condition of the licence. Maximum penalty—60 penalty units or 1 year’s imprisonment. (2) The penalty under subsection (1) may be imposed in addition to revocation of a licence or seizure of a weapon because of the contravention. s 34 ins 1996 No. 41s 8 34AA Effect of an appeal against a domestic violence order (1) This section applies if—

(a) a domestic violence order is made against a person as the respondent; and

(b) the person appeals against the decision to make the domestic violence order under the Domestic and Family Violence Protection Act 2012, section 164; and

(2) For this Act, the domestic violence order is taken not to have been made. s 34AA ins 2002 No. 6s 52 amd 2012 No. 5s 230sch 1pt 2 amd 2025 No. 18s 80 (uncommenced amendment) Part 3 Acquisition, sale and disposal of weapons pt 3 hdg ins 1996 No. 41s 8 sub 1997 No. 48s 17(1) Division 1 Preliminary pt 3 div 1 hdg ins 1997 No. 48s 17(1) 34A Definitions for pt 3 In this part— firearm does not include a barrel, breechbolt or top slide of a firearm. weapon does not include a barrel, breechbolt or top slide of a firearm. s 34A ins 1997 No. 48s 17(1) amd 2003 No. 5s 13 Division 2 Acquisition, sale and disposal of weapons pt 3 div 2 hdg (prev pt 3 div 1 hdg) ins 1996 No. 41s 8 renum 1997 No. 48s 17(2) 35 Acquisition of weapons (1) A person may acquire a weapon only if—

(a) the person is a licensed dealer; or

(b) the person is the holder of a permit to acquire the weapon and acquires the weapon—

(i) from or through a licensed dealer; or

(ii) through a police officer in circumstances prescribed under a regulation; or

Maximum penalty—

(a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and

(b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and

Example 1— J wishes to sell J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. J and S agree on the sale price, but the sale may only be completed through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3). Example 2— J wishes to give J’s weapon to S. S holds an appropriate licence and a permit to acquire the weapon. The gift of the weapon may only be made through a licensed dealer who must provide certain information about the acquisition to an authorised officer under subsection (2) and is entitled to a brokerage fee under subsection (3). Example 3— J sells J’s weapon to G, a licensed dealer. G later sells the weapon to S who holds an appropriate licence and a permit to acquire the weapon. G must still provide certain information about the acquisition to an authorised officer under subsection (2), but in this case is not entitled to a brokerage fee. Example 4— J pays a deposit on a firearm J is buying from G, a licensed dealer. J has applied for a permit to acquire, but the application has not been finally decided. If J takes possession of the firearm before the permit to acquire is issued, J acquires the weapon and commits an offence against subsection (1). (2) If the weapon is acquired from a licensed dealer or the acquisition happens through a licensed dealer or police officer—

(a) the acquirer must give the dealer or police officer a copy of the permit to acquire; and

(b) the dealer must give to an authorised officer the copy of the permit to acquire and the information prescribed under a regulation within the time and in the way prescribed under the regulation.

Maximum penalty—20 penalty units or 6 months imprisonment. (3) If the acquisition happens through a licensed dealer, the dealer is entitled to a brokerage fee from the acquirer in the amount prescribed under a regulation. (4) The dealer is not entitled to any other payment for brokering the acquisition. (5) If the acquisition happens under other lawful authority, justification or excuse, the acquirer must, unless the acquirer has a reasonable excuse, take immediate action—

(a) to comply with this Act; or

(b) to surrender the weapon under section 30(4) or (5).

Maximum penalty for subsection (5)—20 penalty units or 6 months imprisonment. (6) This section does not apply to the acquisition of a weapon, if the acquisition consists only of a person taking possession of the weapon—

(a) to repair it; or

(b) to store it, if the person is an armourer storing it for someone else; or

(c) on a temporary basis for not more than 6 months without giving consideration for the acquisition or for the weapon; or

(d) in performing duties as a security guard under a security licence (guard); or

(e) under section 52, 53, 54(2), 55 or 55A.

(7) In this section— acquire, a weapon, means purchase, accept or receive or otherwise take possession of the weapon. s 35 ins 1996 No. 41s 8 amd 1997 No. 48s 18; 2003 No. 92s 56; 2022 No. 4s 32 36 Sale or disposal of weapons (1) A person must not sell or otherwise dispose of a weapon unless—

(a) the person sells or otherwise disposes of the weapon to a licensed dealer; or

(b) the person sells or otherwise disposes of the weapon to another person who is the holder of a permit to acquire the weapon and the sale or disposal happens—

(i) through a licensed dealer; or

(ii) through a police officer in circumstances prescribed under a regulation; or

Maximum penalty—

(a) for a category D, H or R weapon—100 penalty units or 2 years imprisonment; and

(b) for a category C or E weapon—60 penalty units or 1 year’s imprisonment; and

(2) If the sale or disposal happens under subsection (1)(c), the person must give to an authorised officer the information prescribed under a regulation in the way and within the time prescribed under the regulation. Maximum penalty—60 penalty units or 1 year’s imprisonment. (3) This section does not apply to the disposal of a weapon to a person, if the disposal consists only of a disposal—

(a) for repair; or

(b) to an armourer for storage by the armourer; or

(c) on a temporary basis for not more than 6 months without receiving consideration for the disposal or for the weapon; or

(d) to a person performing duties as a security guard under a security licence (guard); or

(e) authorised under section 52, 53, 54(2), 55 or 55A.

s 36 ins 1996 No. 41s 8 amd 1997 No. 48s 19; 2003 No. 37s 24; 2003 No. 92s 68; 2022 No. 4s 33 37 Advertising sale of firearms If a person advertises the sale of the person’s firearm, the person must state in the advertisement the firearm’s serial number, if any. Maximum penalty—10 penalty units. s 37 ins 1996 No. 41s 8 amd 2006 No. 26s 119sch 2 Division 3 Permits to acquire pt 3 div 3 hdg (prev pt 3 div 2 hdg) ins 1996 No. 41s 8 renum 1997 No. 48s 3sch 2 38 Issue etc. of permits to acquire (1) A person, other than an authorised officer, must not issue, endorse or alter a permit to acquire. Maximum penalty—100 penalty units or 2 years imprisonment. (2) In this section— issue, endorse or alter a permit to acquire includes purporting to issue, endorse or alter a permit to acquire. s 38 ins 1996 No. 41s 8 sub 2003 No. 37s 25 39 Limitations on issue of permits to acquire (1) A permit to acquire a weapon may be issued only to—

(a) an individual under subsection (2); or

(b) a body under subsection (3).

(2) A permit to acquire a weapon may be issued to an individual only if—

(a) the person is authorised to possess the weapon or category of weapon under a licence; and

(b) the person is an adult; and

(d) if the weapon is an heirloom firearm—the person is the owner of the firearm because of a testamentary disposition or the laws of succession; and

(e) if the person intends to possess the weapon under the authority of a collector’s licence (weapons) and the weapon is a temporarily inoperable modern handgun—

(i) the person satisfies an authorised officer that the person has a prolonged and genuine interest in the study, preservation or collection of firearms; and

(ii) the person is a member of an approved historical society.

Note— See section 131 (Limitation on number of concealable firearms particular licensees may acquire) for limitations on the number of category H weapons an individual who is the holder of a concealable firearms licence can possess during the first year after the holder is first licensed. (3) A permit to acquire a weapon may be issued to a body, whether incorporated or unincorporated—

(a) for a permit to acquire to be issued to an approved shooting club—only if it is endorsed with the name of an individual member of the club’s governing body, who satisfies the requirements of subsection (2)(a) to (c), as the club’s representative in the conduct of its business or affairs; and

(b) for a permit to acquire to be issued to another body—only if—

(i) the body has a need to possess the weapon for which the permit to acquire is sought; and

(ii) it is endorsed with the name of an individual, who satisfies the requirements of subsection (2)(a) to (c), as the body’s representative in the conduct of its business or affairs.

(4) A permit to acquire must—

(a) be issued in the approved form for a single weapon; and

(b) state the name of the person from whom the weapon is to be acquired.

s 39 ins 1996 No. 41s 8 amd 1997 No. 48s 20; 2003 No. 37s 26 40 Application for permit to acquire (1) An application for a permit to acquire must be—

(a) made in the approved form; and

(b) made, in the way prescribed under a regulation, by—

(i) if the permit is for an individual—the person; or

(ii) if the permit is for a body, whether incorporated or unincorporated—the individual endorsed on the body’s licence as the body’s representative; and

(i) any fee that may be prescribed under a regulation; and

(ii) proof of identity to the satisfaction of an authorised officer; and

(iii) other particulars prescribed under a regulation; and

(iv) the other relevant particulars the person to whom the application is made reasonably requires.

(2) If the application is for a permit to acquire a category B, C, D or H weapon, the applicant must state why the applicant needs the weapon and why the need can not be satisfied in another way. (3) If the application is for a permit to acquire an heirloom firearm, the application must also be accompanied by proof, to the satisfaction of an authorised officer, that the applicant is the owner of the firearm because of a testamentary disposition or the laws of succession. (4) If the application is for a permit to acquire a temporarily inoperable modern handgun that the applicant intends to possess under the authority of a collector’s licence (weapons), the application must include a declaration signed by an approved historical society’s representative stating that the representative is satisfied that the weapon is of obvious and significant commemorative, historic, thematic or investment value. s 40 ins 1996 No. 41s 8 amd 2003 No. 37s 27; 2012 No. 40s 13 41 Inquiries into application (1) Before the application is decided, an officer in charge of police or authorised officer with whom an application for a permit to acquire is lodged may—

(a) make an inquiry or investigation about the applicant or the application; and

(b) require the applicant to give the officer further information the officer reasonably needs to be satisfied about the applicant’s identity or physical or mental health including—

(i) in relation to the applicant’s physical health—a report from a doctor about the applicant’s physical health; and

(ii) in relation to the applicant’s mental health—a report from a doctor or psychologist about the applicant’s mental health; and

(d) supply, for this section, information or a document relevant to the applicant’s identity to an officer or member of a State or Commonwealth police service; and

(e) make a report about the applicant or the application; and

(f) make the recommendation about the application the officer thinks appropriate.

(2) If the authorised officer suspects, on reasonable grounds, that the applicant’s stated identity is false, the authorised officer may require the applicant to provide an identifying particular to verify the applicant’s identity. (3) The applicant is taken to have withdrawn the application if, within a stated reasonable time, the applicant—