Have you received a Suspension of a Licence and Notice of Proposal to Cancel?

What does it mean to be suspended of a licence and/or notice of proposal to cancel?

When someone is charged under section 47 of the Firearms Act 1996 regarding the suspension of a licence and notice of proposal to cancel, it means that the Chief Commissioner has determined that there may be sufficient grounds to cancel that person’s licence, and as a result, has taken action to suspend the licence temporarily while considering whether to proceed with cancellation.

Key aspects of being charged with this offence:

1. Suspension of the Licence:
   • The Chief Commissioner has the authority to suspend a licence if they believe there may be reasons to cancel it under section 49. This means the licence holder loses their right to use the licence immediately.
2. Notice of Suspension:
   • The licence holder will be formally notified, either in person or by post, that their licence has been suspended. The notice will include key details:
     • The licence is currently suspended.
     • The grounds or reasons the Chief Commissioner believes justify cancellation.
     • The licence holder has the right to submit written submissions to challenge the proposal within 28 days of receiving the notice.
3. Submission of a Response:
   • The licence holder can respond by making written submissions within 28 days to explain why the licence should not be cancelled. This gives them the opportunity to provide additional information or a defence to the grounds cited for the suspension.
4. Outcome of the Suspension:
   • The suspension will continue until:
     • The Chief Commissioner decides to cancel the licence, making the suspension permanent; or
     • The Chief Commissioner decides not to cancel the licence, at which point the suspension will be lifted.
5. Effect of Suspension:
   • While the licence is suspended, the person is legally deemed not to be the holder of the licence, meaning they cannot exercise any of the rights or privileges that come with holding that licence (such as driving, if it’s a driver’s licence, or using a firearm if it’s a firearm licence).

Section 48: Making Submissions:

If a licence holder has been notified under section 47 about a potential licence cancellation, they may submit written submissions in response to the proposal. These submissions must be made within 28 days of receiving the notification.

Section 49B: Review of Disqualification Period:

An individual whose licence has been cancelled under section 49 may request a review by the Committee regarding the Chief Commissioner’s decision under section 49A(2), which outlines the period during which they are ineligible to apply for a new licence.

Section 50: Review of Licence Cancellation Decision:

A licence holder, whose licence has been cancelled by the Chief Commissioner under section 49(1), may apply for a review of that decision by the Committee, provided they are a non-prohibited person. This review applies to all grounds for cancellation except for the reason listed in paragraph (fa).

Where will my case be heard?

Any dispute over a suspension or cancellation will be heard in the Magistrates’ Court.

Penalties for suspension of a licence and notice of proposal to cancel:

Cancellation of a licence

What happens next?

If you’ve received a notice regarding the suspension or potential cancellation of your licence, it’s essential to act quickly. You will be given a notice from the Chief Commissioner explaining the suspension and the reasons for the proposed cancellation. You have 28 days to submit written submissions arguing against the cancellation, which allows you to present your case. If your licence is ultimately cancelled, you may have the opportunity to apply for a review of this decision by the Committee. During this critical time, having expert legal representation is crucial. MK Law is here to support you by drafting submissions, representing you in hearings, and advocating on your behalf. For confidential advice and tailored assistance, contact MK Law on 1800 130 120 today to ensure your rights are protected.