Cancellation of a Licence Held by Non-Resident – Have you had your licence cancelled under section 46A of the Firearms Act 1996?
If so, there may be a provision within the Firearms Act 1996 enabling you to fight the cancellation.
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 the Chief Commissioner’ decision 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.
With the assistance of a criminal lawyer, you may be able to successfully challenge a cancellation of your licence. For more information on the matter, please continue reading.
The offence
Section 46A of the Firearms Act 1996.
The Prosecution must prove:
The holder of the licence is not ordinarily a resident of Victoria;
The licence holder does not need the licence for work purposes
The maximum penalty
Cancellation of a licence.
Where will my case be heard?
Disputes over the cancellation will be heard in the Magistrates Court.
What to do next
Get in touch with an experienced criminal lawyer as soon as possible. Find out whether you can prevent your licence being cancelled or have it reinstated. CONTACT US today to give yourself the best chance of retaining your licence.
The legislation
Section 46A Cancellation of licence held by non-resident
(1) If the Chief Commissioner is satisfied that the holder of a licence under this Part is not ordinarily resident in Victoria and does not require the licence for work purposes in Victoria, the Chief Commissioner must cancel the licence.
(2) The Chief Commissioner must give written notification to the holder of the licence of the cancellation of the licence.
(3) Subject to subsection (4), the holder of the licence may apply to the Committee for a review of the decision of the Chief Commissioner to cancel the licence.
(4) An application to the Committee under subsection (3) may only be made on the ground that the holder of the licence that has been cancelled is ordinarily resident in Victoria or that the holder of the licence requires the licence for work purposes in Victoria.
