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Victoria. 1998 ‘General Discretion of Chief Commissioner to Refuse to Issue a Permit to Acquire.’ Firearms Act 1996 No. 66 of 1996 (Version No. 080, as of 1 December 2015); Part 4 (Section 104). Melbourne: Department of Justice, Victoria. 31 January

Relevant contents

104. General discretion of Chief Commissioner to refuse to issue a permit to acquire

(1) The Chief Commissioner must not issue a permit to acquire —
(a) if the applicant or any responsible person in relation to the application is a prohibited person; or
(b) unless the Chief Commissioner is satisfied that —
(i) the applicant and all responsible persons in relation to the application are fit and proper persons; and
(ii) the applicant can comply with the storage requirements set out by or under the Act; and
(iii) the acquisition of the firearm is not against the public interest; or
(c) for any prescribed reason; or
(d) unless —
(i) the applicant can demonstrate that the reason for which the licence was required continues to apply in respect of the category of firearm for which the application for the permit is made; and
(ii) in the case of an application for a permit to acquire a category B longarm or a general category handgun, the applicant has demonstrated a genuine need to possess, carry or use a category B longarm or a general category handgun; and
(iia) in the case of an application for a permit to acquire a category E handgun, the applicant has demonstrated a compelling reason to possess, carry or use a category E handgun; and
(iii) in the case of an application for a permit to acquire a category C or D firearm —
(A) if the application is for a semi-automatic rifle, the applicant does not possess another semi-automatic rifle; and
(B) if the application is for a semi-automatic shotgun or a pump action shotgun and the applicant holds the relevant licence for a reason set out in section 11(1)(a)(i), (ii) or (iv), the applicant does not possess another semi-automatic shotgun or pump action shotgun; or
(e) in the case of an application for a permit to acquire a handgun by a person who has held a handgun target shooting licence for a period of 6 months or less, for any general category handgun other than —
(i) a ·177 inch calibre air handgun, if the applicant has not already acquired such a handgun; or
(ii) a ·22 inch calibre handgun or a centre fire handgun, if the applicant has not already acquired a handgun of either such class; or
(iii) a black powder handgun that is muzzle loading, if the applicant has not already acquired such a handgun; or
(f) in the case of an application for a permit to acquire a handgun by a person who holds a handgun target shooting licence —
(i) unless a nominated officer of an approved handgun target shooting club, of which the applicant is and has been a member for the period of 6 months
immediately preceding the application, has endorsed the application; or
(ii) if the applicant has not been a member of an approved handgun target shooting club for the period of 6 months immediately preceding the application, unless —
(A) a nominated officer of an approved handgun target shooting club of which the applicant is a member has endorsed the application; and
(B) a nominated officer of an approved handgun target shooting club, of which the applicant has been a member, in the preceding 12 months, for a consecutive period of at least 6 months, has endorsed the application; or
(g) in the case of an application for a permit to acquire a handgun for the purpose of collecting handguns, unless a nominated officer of an approved firearms collectors club to which the applicant belongs has endorsed the application…

(2) In determining whether or not an applicant has a genuine need to possess, carry or use a category B longarm or a general category handgun, the Chief Commissioner must have regard to —
(a) in the case of a category B longarm, whether or not the need expressed by the applicant cannot be satisfied by the possession, carriage or use of a category A longarm; and
(b) in any case, the number, category and type of firearms already possessed by the applicant; and
(c) any other prescribed matter.

ID: Q2662

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