Prohibited Person Guidelines 2017-05-28T04:21:42+00:00

Prohibited Person Guidelines

Firearms Act 1996 No. 66 of 1996

prohibited person means—

(a) a person who is serving a term of imprisonment for—

(i) an indictable offence; or

(ii) an assault; or

(iii) an offence under the

Drugs, Poisons and Controlled Substances Act 1981; or

(iiia) an offence under the

Control of Weapons Act 1990

or, in relation to a person—

(iv) not more than 15 years have expired since the person finished serving a term of imprisonment of 5 years or more for such an offence; or

(v) not more than 5 years have expired since the person finished serving a term of imprisonment of less than 5 years for such an offence; or

(b) a person who is serving a term of imprisonment in another State or a Territory for an offence of a corresponding nature to an offence listed in paragraph (a) or in relation to a person—

(i) not more than 15 years have expired since the person finished serving a term of imprisonment in another State or a Territory of 5 years or more for such an offence; or

S. 3(1) def. of

 

prohibited person amended by Nos 84/1997 s. 42(b), 22/1998 s. 4(f), 30/1999 s. 3028/2003 s. 3(1)(i), 50/2007 s. 3(1)(g), 52/2008 s. 245, 68/2008 s. 70, 53/2010 s. 221(Sch. item 5.1), 65/2011 s. 107(Sch. items 6.1, 6.2).

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(ii) or not more than 5 years have expired since that person finished serving a term of imprisonment in another State or a Territory of less than 5 years for such an offence; or

(ba) a person—

(i) who is serving a term of imprisonment for an offence under section 321 or 321A of the

Crimes Act 1958; or

(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment for an offence specified in subparagraph (i); or

(bb) a person—

(i) who is serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence of a corresponding nature to an offence specified in paragraph (ba)(i); or

(ii) in relation to whom, not more than 10 years have expired since the person finished serving a term of imprisonment in another State or a Territory of the Commonwealth for an offence specified in paragraph (ba)(i); or

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(c) a person who is subject to—

(i) a final order under the

Family Violence Protection Act 2008 that does not include conditions cancelling or revoking a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ia) a final order under the

Family Violence Protection Act 2008 that does include conditions cancelling or revoking a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ib) a final order under the

Personal Safety Intervention Orders Act 2010 that does not cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ic) a final order under the

Personal Safety Intervention Orders Act 2010 that does cancel or suspend a licence, permit or authority under this Act, or an order of a corresponding nature made in another State or a Territory; or

(ii) an old community-based order, within the meaning of clause 1 of Schedule 3 to the

Sentencing Act 1991; or

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(iia) a community correction order, within the meaning of the

Sentencing Act 1991, that has a supervision condition attached under section 48E of the Sentencing Act 1991; or

(iii) a supervision order under section 26 of the

Crimes (Mental Impairment and Unfitness to be Tried) Act 1997

or, in relation to a person, not more than 5 years have expired since the person was subject to such an order; or

(d) a person, in relation to whom, not more than 12 months have expired since that person was found guilty by a court, whether in Victoria or in another State or a Territory, of—

(i) an offence against this Act, in relation to which it was open to the court to impose a term of imprisonment; or

(ii) an offence against any other Act involving the possession or use of firearms and in relation to which it was open to the court to impose a term of imprisonment; or

(iii) an indictable offence—

and who is not, by virtue of the operation of any other paragraph of this definition, a prohibited person; or

(e) any person who is of a prescribed class of persons;

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