Firearms

Question 1

To achieve compliance, Police will tailor interventions in line with what?

Answer 1

• Levels of risk
• Action or potential consequences
• Behaviour, attitude and capability of flic holder

Question 2

Police will focus on two aspects of risk. What are they?

Answer 2

• The magnitude of consequences should an event occur

- The likelihood of that event occurring

Question 3

When tailoring interventions to ensure compliance, what do you need to take in to account regarding risk, attitude, behaviour and capability?

Answer 3

• Barriers such as a lack of awareness, understanding or capability may prevent some people from operating safely or responsibly
• Some people will make effort to comply only because of the risk of Police intervention
• Some people won’t comply at all

Question 4

In tailoring intervention for compliance, what do Police aim to do?

Answer 4

• Make compliance easy for those who can and want to comply
• Assist those who are trying to comply but aren’t
• Encourage compliance through interventions for those who are reluctant
• Use full force of regulatory process for those who do not want to comply

(even where attitude is good, however, if potential consequences are serious, regulatory action may be required)

Question 5

Police need to be ‘outcomes focused’. What outcomes are referred to?

Answer 5

Personal and public safety, security of and responsible use of firearms.

Question 6

Interventions by Police will take in to account attitude towards compliance and be what? (6 points).

Answer 6

1. Logical, timely, considered
2. Evidence based
3. Impartial, unbiased
4. Robust and well documented
5. Proportionate to risk posed by non-compliance
6. Consistent with law, public interest and police policies and values

Question 7

The study material lists a range of six interventions available to Police. List these.

Answer 7

1. Information/educational material
2. Warning letters
3. Improvement notices
4. Conditions on a dealer’s or firearms licence
5. Temporary suspension or notice consideration of revocation
6. Revoke flic or an endorsement

Question 8

What factors impact on your consideration of appropriate intervention for firearms breaches? (4 points).

Answer 8

1. Extent of harm or risk of harm
2. Conduct
3. Public interest
4. Attitude to compliance

Question 9

Is a firearms licence deemed to be suspended even when a temporary protection order is in force?

Answer 9

Yes. And revoked when the protection order is made final.

Question 10

When a final protection order is put in place (after FLIC has previously been suspended), what must a Police inspector (or higher rank) do?

Answer 10

Issue the respondent a written notice of revocation and ensure the holder’s firearms licence and any firearm under their control is surrendered.

Question 11

What is the standard of proof to determine the failure of a provision of the Arms Act?

Answer 11

On the balance of probabilities.

• Reasonably believe
• Failing, failed, like to fail
• To comply with a provision of the Arms Act…

Question 12

The purpose of the Arms Act must be kept in mind when determining ‘fit and proper’ status. What is the purpose(s)/Aim(s) of the Arms Act?

Answer 12

• Promote safe possession and use of firearms and other weapons
• Impose controls on possession and use firearms and other weapons

Question 13

When would Police review a person’s fit and proper status and the continuation of their FLIC?

Answer 13

When they demonstrate:

• Unlawful, dangerous, unsafe behaviour or
• Non-compliance with FLIC or
• Behaviour indicating lack of judgement or
• Poor decision making

Question 14

The assessment of a person’s fit and proper status requires consideration of a two-stage process. Describe these stages.

Answer 14

1. Whether they’re involved in specific behaviours, offending or circumstances considered relevant - THEN
2. Severity and recency of circumstances (individually first then collectively)

Answer 15

(1) May find a person not fit and proper if satisfied one or more of following:
a - Charged or convicted punishable by imprisonment
b - Charged or convicted of offence under this Act
c - Charged or convicted of offences 231 Crimes Act, Game Animal Council, Wildlife, Wild Animal control
d- Temp protection order etc
e- Inflicted or inflicting FV
f - Harassment Act
g - Non-compliance of this Act
h - Mental or physical illness
i - Abuse alcohol
j - Drugs
k - Gang
l - Violent tendencies, hatred, extremism
m - Risk to nat sec
n - Any criteria under section 74(1)(bb)

Question 16

Are police limited to the criteria outlined in Section 24A(1)(a-n)?

Answer 16

No.

Answer 17

The factors listed are not exclusive and allows a wide ambit. Meeting one or more of the considerations is the first stage. Falling in to one of the categories covered by these lists does not, alone, prescribe a decision of not fit and proper

Question 18

What are the three major headings of Stage 2 in assessing whether a person is/is not fit and proper?

Answer 18

1. Seriousness of failure
2. Circumstances surrounding the failure
3. Totality of behaviour

Question 19

What is an option when a person is found to be fit and proper person but marginally.

Answer 19

A warning letter setting out the relevant facts under 24A and that subsequent offending/behaviour may result in revocation

Question 20

A Commissioned Officer can issue a notice of consideration to revoke a FLIC under 27(2). Natural justice principles apply - what does that mean?

Answer 20

• disclose info being relied upon for decision

- provide a reasonable time for licence holder to explain or refute (14 days should suffice)

Question 21

Who can authorise and sign a temporary suspension notice under S60A?

Answer 21

Commissioned officer only

Question 22

How long after the decision to revoke a FLIC is made, does the actual revocation take effect?

Answer 22

Immediately the commissioned officer makes the decision and signs the notice of revocation.

Question 23

How long does a person have to get rid of (sell) their firearms after their licence has been revoked?

Answer 23

3 months - to a person approved by police

Answer 24

• RGTS
• Possess arms or under their control and
• Breaching or
• Mentally/physically incapable or may kill or cause bodily injury or
• FV protection order or grounds to make application for PO or
• There are RGTS arms in respect of a category 3 or 4 offence has been or is being or about to be committed and in place or vehicle or evidence in relation to same
  MAY
• Enter vehicle, place & search person, anything in possession or under control
• Seize arms or FLIC