Immediate Cancellation of a Licence

What does it mean to have immediate cancellation of your licence?

A licence holder who is classified as a prohibited person grants the Chief Commissioner the authority to immediately cancel their licence. This provision is outlined in section 46 of the Firearms Act 1999 (FA).

What to Consider/Needs to be Established?

Upon the Chief Commissioner becoming aware that:

• You hold a firearms licence; or
• If the licence is held by an officer of a body corporate, you are classified as a prohibited person

The Chief Commissioner has the power to cancel your firearms licence without delay. A ‘prohibited person’ may include individuals who are absent from Victoria for an extended period, are temporarily physically incapacitated, or belong to an organisation that is deemed prohibited.

Once your licence is cancelled, the Chief Commissioner is required to notify you (either in person or via post) of this immediate cancellation.

Where will this case be heard?

Matters relating to the cancellation of a licence are typically handled summarily, meaning disputes will usually be resolved through a contested hearing in the Magistrates Court of Victoria. The maximum penalty for this offence is the cancellation of your licence.

Questions and Next Steps

To determine whether you have a strong case to contest the immediate cancellation of your licence, consider the following crucial points:

• Do I have a lawful reason to justify why my licence should be reinstated?
• Am I indeed a ‘non-prohibited’ person?

If you believe you are a ‘non-prohibited’ person and your licence has been cancelled under section 46 of the FA, you may have the right to submit an application for review to the Committee to challenge the Chief Commissioner’s decision. This application must be submitted in writing within 28 days of receiving notice of the cancellation, and it should specify the timeframe during which you are prohibited from applying for a new licence (refer to sections 48, 49(1), 49A(2), and 50 of the FA).

These are all questions our lawyers are here to help answer as we prepare a robust case on your behalf. Our experienced criminal defence lawyers possess in-depth knowledge of licence cancellation charges and will ensure you understand how the legal process will unfold. We have a proven track record of successfully challenging immediate licence cancellations, often resulting in reinstatement of clients’ firearm licences.

What happens next?

After you contact our legal team, we will schedule a consultation to review the details of your case. We will assess the circumstances surrounding the cancellation of your licence, examining any relevant documentation and evidence.

Our lawyers will then develop a comprehensive strategy tailored to your situation, focusing on gathering necessary evidence and building a compelling argument for reinstatement. If appropriate, we will assist you in preparing the application for review to the Committee, ensuring it is submitted within the required timeframe.

Throughout this process, we will keep you informed of your options, prepare you for any hearings, and advocate vigorously on your behalf to achieve the best possible outcome. Our priority is to protect your rights and help you regain your firearm licence as efficiently as possible.

For immediate assistance and free legal advice, contact our experienced team of criminal defence lawyers 24/7 at 1800 130 120 or visit marcus@mklawfirm.com.au.