Western Australian Consolidated Acts

FIREARMS ACT 1973 - SECT 23BA

23BA .         Disclosure of certain information by approved club and organisation members

        (1)         If an officer of an approved shooting club or approved organisation is of the opinion that —

            (a)         a person who is a member of the club or organisation is not a fit and proper person to possess, carry or use a firearm; and

            (b)         the person has a licence under this Act or intends to apply for a licence under this Act or possesses or intends to possess a firearm,

                the officer is to communicate to the Commissioner that opinion and the grounds on which it was formed.

        (2)         Where a person’s application for membership or renewal of membership of an approved shooting club or approved organisation is refused or, following a grant or renewal a person’s membership is cancelled, an officer is to notify the Commissioner and give the reasons for that decision.

        (3)         A decision made by the Commissioner is not liable to be questioned or annulled by reason only that it was made in full or partial reliance on information provided under subsection (1) or (2) and it is subsequently shown that the information was factually incorrect but, in any such case, the Commissioner must reconsider the decision when so requested by the person affected adversely and the extent to which the decision should, or might, be varied as a result of the correction of those factual errors.

        (4)         Nothing done by an officer of an approved organisation or approved shooting club in good faith in accordance with this section gives rise to a criminal or civil action or remedy.

        (5)         In this section —

        approved organisation means an organisation approved under section 11A(2)(b);

        approved shooting club means a shooting club approved under section 11A(2)(a);

        officer , in relation to an approved shooting club or approved organisation —

            (a)         that is a body corporate which is a corporation as defined in section 57A of the Corporations Act 2001 of the Commonwealth, has the meaning given to that term in section 82A of that Act; and

            (b)         that is not such a body corporate, means any person (by whatever name called) who is concerned in or takes part in the management of the club or organisation,

        but does not include an employee of the club or organisation unless the employee is involved in its management.

        [Section 23BA inserted by No. 69 of 2004 s. 25.]