REFORM mandatory disqualifying offences and orders - frequently asked questions

The new legislation is proposing to include a range of orders that are considered to be of a serious nature such as family violence restraining orders, violence restraining orders and conduct agreement orders as defined under the Restraining Orders Act 1997.

If an applicant or existing licence holder is, or has been, subject to such orders, their applications may be refused, a licence holder may have their licence suspended or revoked.  

If this will apply to you then you should consider taking part in the Voluntary Buyback Scheme.

The new legislation is proposing to include a range of serious offences as defined in the Western Australia Criminal Investigation Act 2006 or a corresponding offence under the law of another Australian State or Territory Policing jurisdiction.

This means if you have committed a disqualifying offence in any state or territory of Australia you will be impacted.

A disqualifying offence will be irrespective of whether a spent conviction was made at the time of the finding of guilt. If an applicant or existing licence holder is subject to a disqualifying offence and if it is within a prescribed period, the individual may be subject to a refusal, suspension or revocation of the firearm licence. 

No. The legislation precludes any person subject of an MDO from being granted a licence permit or approval within the set timeframes applicable to the offence or order.

Yes, the existing Firearms Act 1973 references disqualifying behaviour and certain orders (i.e. restraining orders). The proposed changes to the firearm legislation seek to contemporise and clarify the specific MDO and orders.

Mandatory Disqualifying Offences and Orders provisioned within the new legislation will come into effect upon Proclamation.  This will include a retrospective application of this exclusion to existing firearm licence holders who are currently subject to an MDO that is still within the prescribed period.

If you are subject to an MDO, at or after proclamation, your firearm licence will be revoked and you must relinquish the firearm(s) held on that licence to the Police. If you do not relinquish them the firearms will be seized.

Yes, once the prescribed mandatory disqualification period has ended any person is entitled to make application for a licence which will be reviewed in the normal process.

Yes. You can and are encouraged to dispose of your firearm utilising the Voluntary Buyback Scheme, but you can dispose of them buy selling them interstate utilising a licensed firearm dealer or within the state to a person with a firearm licence.