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s47A Suspension of Licence – Certain Prohibited Persons

Has your licence been suspended under section 47A of the Firearms Act 1996?

An experienced criminal lawyer may be able to assist you in taking action to prevent the suspension of your licence. Within the Firearms Act 1996 there are potential defences against a suspension including:

Section 48 Making of Submissions

(1) The holder of a licence who has been notified under section 47 may make written submissions on the proposal to cancel the licence.

(2) Submissions made under subsection (1) must be made within 28 days of the holder being notified.

Section 49B Review of Decision as to Period of Disqualification

A person whose licence has been cancelled under section 49 may apply to the Committee for a review of a decision of the Chief Commissioner under section 49A(2) specifying the period of time within which the person is not entitled to apply for such a licence.

Section 50 Review of Decision to Cancel a Licence

The holder of a licence under this part whose licence has been cancelled by the Chief Commissioner under section 49(1), on any ground set out in that subsection other than the ground set out in paragraph (fa) may, if the holder is a non-prohibited person, apply to the Committee for a review of that decision.

These options, and others, may be available to you and could be successful in preventing your licence from being suspended. Contact a lawyer today to consider your options.

For more information, read below.

The offence

S47A of the Firearms Act 1996.

The basis:

  1. The defendant was a prohibited person under section 3 (c)(i) or (c)(ib) under  the Firearms Act 1996; and

  2. The defendant had a licence under the Firearm Act 1996.

The maximum penalty

Suspension of licence.

Where will my case be heard?

Suspension of Licence cases are usually heard in the Magistrates’ Court.

What to do next?

Contact an experienced criminal lawyer immediately. Remember, the more time a lawyer has to prepare your defence, the greater the chance of preventing your licence from being suspended.

The legislation

Section 47A Suspension of licence—certain prohibited persons

(1) Immediately on becoming aware that the holder of a licence under this Part is a prohibited person for the reason referred to in paragraph (c)(i) or (c)(ib) of the definition of prohibited person, the Chief Commissioner must suspend the holder’s licence.

(2) If the holder of a licence that has been suspended under subsection (1) makes an application under section 189 within 3 months of the suspension, the suspension remains in force until the outcome of the application has been finally determined, or if the Chief Commissioner must cancel the licence under section 49(4), until the cancellation takes effect.

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

Firearms

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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
Eureka House
11 Lydiard Street South
Ballarat VIC, 3350

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

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

Broadmeadows – (03) 9116 9500
StartNorth at Townhall
12 Dimboola Rd
Broadmeadows VIC 3047

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

© 2023 Dribbin & Brown

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