SSAA NSW

Sporting Shooters Association of Australia (NSW) Inc. 17 Ask Stephen Legal Matters Question: I had an AVO against me several years ago which expired in 2009. I've been told I can't apply for my firearms licence until 10 years after it expired, which means 2019. Is this right or can I apply earlier than that? Answer: Section 11(5)(c) of the Firearms Act 1996 states that the Commissioner of Police MUST REFUSE an application for a firearms licence if the applicant has, in the previous 10 years been the subject of an Apprehended Violence Order (other than an order that has been revoked). So, the important part of the legislation are the words; "…other than an order that has been revoked." When the Act was first introduced, an application to revoke an AVO had to be made to the court during the time of currency. Once it had expired, you could not make an application to revoke it as it was no longer in existence. However, the legislation regarding AVOs was amended which brought in a new provision allowing expired AVOs to be revoked. This was specifically enacted so people were not trapped by the 10 year ban imposed under the Firearms Act. I have successfully made those applications on behalf of many people who have gone on to apply for and been granted their firearms licence. Many thanks should go to the late Roy Smith MLC who was the driving force behind this amendment. However, readers should be aware that in a recent move by the NSW Government, an amendment was sought to repeal the section of the legislation allowing expired AVOs to be revoked. This passed through both houses of Parliament and was assented to by the Governor on 28 June 2016. At the time of writing, the assented to legislation had not been printed in the Government Gazette, which means it is not law. Until such time as it is published in the Gazette, the old legislation remains in place. Therefore, my advice to any readers who have been the subject of an AVO that has expired; get an application in to the court as soon as possible, because once the new law is gazetted, you will have to wait 10 years from the expiry of the AVO to apply for your firearms licence. Stephen Mainstone The information contained in this article is general in nature and should not be considered legal advice. Should you require legal advice relevant to a particular matter concerning you, it is always advisable to contact a lawyer. Mainstone Lawyers is able to provide legal advice regarding all firearms and other Police related matters. Contact our office on (02) 9531 0322, email at info@mainstonelawyers.com.au or on our website www.mainstonelawyers.com.au " When the Act was first introduced, an application to revoke an AVO had to be made to the court during the time of currency..." Follow us on Twitter and share your thoughts: https://twitter.com/ssaansw Like our Facebook page and keep up with the latest: www.facebook.com/ssaansw

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