Daddybang wrote:The waiting period only covers when a decision can be made not when it has to be made by. Eg for second and subsequent pta a decision can be made the day after the app has been lodged or it can be made weeks after the app has been lodged a simple way to fix this would be to regulate a maximum wait time.
If you apply the waiting periods described in the Regulations, to section 42 of the act being,
42 Authorised officer decides application
(1) An authorised officer must decide an application for a permit to acquire a weapon as soon as practicable after the end of any period that may be prescribed for this section under a regulation.
(2) In deciding the application, the authorised officer may consider anything at the officer’s disposal.
(3) The authorised officer must consider the following things when deciding whether the applicant has a need to possess the weapon—
(a) whether the applicant’s requirements can be adequately met in a way not involving the use of a weapon or by using a weapon of another category or type;
(b) whether the applicant possesses other weapons, and in particular other weapons of that category or type;
(c) another thing prescribed under a regulation.
(4) To remove any doubt, a collector may have a need for a particular weapon even though the collector already possesses a weapon of the same category or type.
(5) The authorised officer must—
(a) approve the application and issue the permit to acquire subject to any conditions the authorised officer may decide; or
(b) reject the application.
The key point here is, "as soon as practicable after the end of any period that may be prescribed for this section under a regulation," as you correctly say, there is no defined period for the processing of the application, these sections apply only to the, "waiting period," however I would suggest that if taken to task properly, they may have to justify their actions or lack thereof, given the, "as soon as practicable," clause.
As you would see from the other thread on firearms laws, that I posted in this section, the QLD SFFP are wanting to get rid of the waiting periods and registration altogether, we also want to see the legislation changed so that it properly reflects what should be it's purpose, the enhancement of public safety, and we want to remove grey ares such as the example above, the best way to get people to obey the law, is to make it as easy as possible to understand.
Rifle stock and pistol grip reproduction.
