Cancellation of a Licence Held by a Non-Resident

What does it mean to have your licence cancelled as a non-resident?

A licence holder who is not ordinarily a resident of Victoria (a non-resident) may face licence cancellation if they do not require the licence for work purposes. This provision is stipulated in section 46A of the Firearms Act 1999 (FA).

What to Consider/Needs to be Established?

To determine whether your licence will be cancelled, the Chief Commissioner will assess the following elements:

• You are not ordinarily a resident in Victoria.
• You do not require the licence for work purposes in Victoria.
• You will receive written notice that your licence will be cancelled.

Where will this case be heard?

Matters regarding the cancellation of a licence are addressed summarily, meaning disputes are typically resolved through a contested hearing in the Magistrates Court of Victoria.

Questions and Next Steps

To evaluate whether you have a viable case to defend against the 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, in fact, a person who ordinarily resides in Victoria?
• Do I genuinely require the licence for work purposes in Victoria?

If you are a non-resident and have had your licence cancelled under section 46A of the FA, you may have the right to apply to the Committee for a review of the Chief Commissioner’s decision (see sections 48, 49B, and 50 of the FA). Your application should specifically address one of the two points above and must be submitted in writing within 28 days of receiving notice of the cancellation.

These are all important questions our lawyers are here to help you answer as we prepare a strong case on your behalf.

Our experienced criminal defence lawyers possess a deep understanding of licence cancellation charges and will ensure you are fully informed about how the legal process will unfold. We have successfully challenged many licence cancellations, advocating for the reinstatement of our clients’ licences.

What happens next?

After you reach out to our legal team, we will arrange a consultation to review the specifics of your situation. Our lawyers will analyse the circumstances surrounding the cancellation of your licence, including any relevant documentation or evidence. We will then develop a strategic plan tailored to your needs, focusing on gathering supporting evidence and crafting a compelling argument for reinstatement. If warranted, we will assist you in preparing your application for review to the Committee, ensuring it is submitted within the necessary timeframe. Throughout the 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 safeguard 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.