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s49 Power of the Chief Commissioner to Cancel Licence under this Part

Power of the Chief Commissioner to Cancel Licence under this Part. Has your licence been cancelled under section 49 of the Firearms Act 1996?

Section 49 contains a list of the reasons which allow the Chief Commissioner to cancel a licence.

The legislation

(1) The Chief Commissioner may cancel a licence suspended under section 47 if, after considering any submissions made within the time fixed for making submissions, the Chief Commissioner is satisfied that—

(a)  the holder no longer has the reason specified in the licence for holding the licence; or

(b)  the holder has failed to notify the Chief Commissioner of a change of his or her address; or

(c)  the holder has knowingly supplied false or misleading information in a material particular in, or in connection with the application for the licence or renewal of the licence; or

(d)  the holder has contravened or failed to comply with a condition of the licence, that is not a condition set out in section 16(3) and (4) or section 16(5) and (6); or

(e)  the holder has contravened or failed to comply with any requirement for the storage of firearms possessed, carried or used under the licence; or

(f)  the holder of the licence or any responsible person in relation to the licence is no longer a fit and proper person; or

(fa)  in particular, in relation to the holder of a handgun licence, that there is information as to criminal activities on the part of the holder that is known to the Chief Commissioner that causes the Chief Commissioner to be satisfied that the person is not a fit and proper person; or

(g)  the holder of the licence cannot carry on, or be employed in the business without being a danger to public safety or peace; or

(h)  the holder of the licence or a responsible person in relation to the licence has contravened a provision of this Act or the regulations; or

(ha)  the holder has, through his or her negligence or fraud, caused a firearm to be lost or stolen; or

(i) the holder is no longer entitled to hold the licence for any other prescribed reason.

(2)  If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(3) and (4) applies, the Chief Commissioner must cancel that licence if the holder has failed to comply with that condition.

(2A) A holder of a licence, or a responsible person in relation to a licence, is presumed not to be a fit and proper person for the purposes of subsection (1)(f) if he or she is a declared organisation member.

(2B) A presumption under subsection (2A) may be rebutted.

(3)  If the holder of a general category handgun licence is a holder to whom the condition set out in section 16(5) and (6) applies, the Chief Commissioner—

(a)  must cancel that licence if the holder has failed to comply with section 16(5)(d); and

(b)  may cancel that licence if the holder has failed to comply with section 16(5)(c).

(4)  The Chief Commissioner must cancel a licence that has been suspended under section 47A(1) on the expiry of 3 months after the suspension of the licence, unless the holder of the licence makes an application under section 189 before the expiry of the 3 month period for a declaration referred to in—

(a)  section 189(1)(a) or (1)(b); or

(b)  section 189(1AA)(a) or (1AA)(b).

(5)  In the case of a person whose licence has been suspended and who makes an application under section 189, the Chief Commissioner must cancel the licence unless—

(a)  the court makes a declaration referred to in subsection (1)(a) or (1AA)(a); or

(b)  the court makes a declaration referred to in subsection (1)(b) or (1AA)(b) deeming the holder of the licence to be a prohibited person for limited purposes and the purpose for which the person is deemed not to be a prohibited person is the purpose for which the licence is issued.

What should I do next?

If your licence has been cancelled for any of the reasons in section 49 of the Firearms Act 1996 you should book an appointment with an experienced criminal lawyer immediately. Let us assist you in contesting your cancellation.

Firearm Offences

Firearms Act 1996

Prohibited Person

s5 Offence for Prohibited Person to Possess, Carry or Use Firearm

s6 Offence for Non-Prohibited Person to Possess, Carry or Use a Longarm Without a Licence

s6A Offence to Possess, Carry or Use an Unregistered Longarm

s7 Offence for Non-Prohibited Person to Possess, Carry or Use a Handgun Without a Licence

s7B Offence to Possess, Carry or Use an Unregistered Handgun

s7C Possession of a Traffickable Quantity of Unregistered Firearms

s29 Using a Firearm to Resist Arrest

s46 Immediate Cancellation of a Licence

s46A Cancellation of a Licence Held by Non-Resident

s47 Suspension of a Licence and Notice of Proposal to Cancel

s47A Suspension of Licence – Certain Prohibited Persons

s49 Power of the Chief Commissioner to Cancel Licence under this Part

s49A Restrictions on Application for Licence Following Cancellation

s51 Notice of Chief Commissioner’s Decision and s52 Coming into Effect of Cancellation

s121 Storage of Firearms under Longarm and Handgun Licences

s121A Permit to Store Handguns

s122 Storage of Firearms Under Firearm Collectors and Firearm Heirlooms Licences

s123 Storage of Firearms under Dealer Licences

s124 Possession of Cartridge Ammunition

s126 Safekeeping of Firearms and Ammunition While Being Carried or Used

s129 Offence to Use a Firearm in a Dangerous Manner

s129A Offence for Unlicensed Person to Store in an Insecure Manner

s189 Application to be Deemed not a Prohibited Person

Case Studies

Firearms Charges Case Study

Conduct Endangering Life

Drug Trafficking Charges Dandenong

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What Our Clients Say

Yvonne and Peter Braithwaite
Thanks for your excellent work for Yvonne last Friday. Your courtesy, empathy and professionalism was greatly appreciated. All the best for the future.
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I phoned Michael Brown of Dribbin and Brown after total disappointment in another criminal lawyer firm... In my situation that required communication, information and a great deal of understanding,...
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Dear David and Team I would like to “Thank You” for a job well done. The result, from the trial was truly amazing. I very much appreciated your courtesy, professionalism...
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A big thank you Dave. You made it seamless. You are a quality egg and hopefully I'll see you again under different circumstances. All the best!
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Melbourne – 03 8644 7320
13/200 Queen St
Melbourne Vic 3000

Frankston – 03 8644 7322
8/395-399 Nepean Hwy
Frankston VIC, 3199

Ballarat – 03 8644 7310
Armstrong House
17 Armstrong Street South
Ballarat Central VIC, 3350

Dandenong – 03 8644 7315
1a/147 Foster St
Dandenong, VIC, 3175

Moorabbin – 03 8644 7328
Level 1, 441 South Rd
Moorabbin, Vic, 3189

Geelong – 03 8644 7300
2/13 Fenwick Street
Geelong Vic 3220

Ringwood – 03 8644 7325
7/2 Nelson St
Ringwood VIC 3134

Werribee – (03) 9116 9595
9/7 Bridge Street
Werribee VIC 3030

© 2021 Dribbin & Brown

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