QLD weapons licencing waits

[keen]

Did you ask if he's back from Christmas holidays?

[Sam45]

Did you ask if he's back from Christmas holidays?

Yep I should of lol. Just called now and still with the officer upstairs....

[keen]

[HiFiRobbie]

Here's a bit of a guide for you.

I applied on November 27 and received mine in the post on January 16.

Overall, I'm pretty happy with that turn-around time.

Also, my PTA which I received about 7 days after indicated that they have done about 2600+ since the beginning of the year so they must be churning them out by the dozen!

Things are getting better.

[Norton]

Things are getting better.

It's good to see.

They said things where going to get better but I was sceptical... Seems they're improving though.

[aekpani]

Hi,
Just wanted to share my happiness. Got my Cat H today.. Applied on 14th of Jan 2015, issued on 19th of Jan 2015 and in my mail box (30th Jan 2015).
I was about to faint

Now in market for both .22 and air pistol.

Best,
AA

[cuvy]

Got a Cat B PTA back in 7 working days recently. Not bad.

[nords]

Good stuff.

Looks like they really have turned it around for QLD.

[Sifor]

Hi,
Just wanted to share my happiness. Got my Cat H today.. Applied on 14th of Jan 2015, issued on 19th of Jan 2015 and in my mail box (30th Jan 2015).
I was about to faint

I thought all licenses have a mandatory 28 day waiting period? If so, what have you done differently lol?

[trekin]

Probably already had an A/B licence.
The AO can waiver the 28 day waiting period if you already have a current licence of another Cat.

[headspace]

A lot of it has to do with the pubic service, they like to string things out and then complain that they need more staff so they don't have to bludge so hard.

[Sifor]

The AO can waiver the 28 day waiting period if you already have a current licence of another Cat.

Does this occur as a matter of routine? I only ask because s7 of the Weapons Regulation states:

s 7 Waiting period before licence can be decided
For section 15(1) of the Act, the period before an authorised officer may decide an application for a licence is—

(a) for a licence other than a visitor’s licence—

(i) until the end of the 28th day after the application is lodged; or
(ii) if satisfied there are exceptional circumstances—until the end of the day the application is lodged; or
(b) for a visitor’s licence—until the end of the day the application is lodged.

It says nothing of an existing license holder being exempt from the waiting period, and the 'exceptional circumstances' discretion would probably not apply.

Just keen to know as I have an A/B coming soon, and in 5 months I'll be applying for my Cat H. It would be great to avoid the waiting period (although I might get caught up on the 28 day PTA since it'll be my first firearm).

[trekin]

The AO can waiver the 28 day waiting period if you already have a current licence of another Cat.

Does this occur as a matter of routine? I only ask because s7 of the Weapons Regulation states:

s 7 Waiting period before licence can be decided
For section 15(1) of the Act, the period before an authorised officer may decide an application for a licence is—

(a) for a licence other than a visitor’s licence—

(i) until the end of the 28th day after the application is lodged; or
(ii) if satisfied there are exceptional circumstances—until the end of the day the application is lodged; or
(b) for a visitor’s licence—until the end of the day the application is lodged.

It says nothing of an existing license holder being exempt from the waiting period, and the 'exceptional circumstances' discretion would probably not apply.

Just keen to know as I have an A/B coming soon, and in 5 months I'll be applying for my Cat H. It would be great to avoid the waiting period (although I might get caught up on the 28 day PTA since it'll be my first firearm).

Section 15 (2) of the Queensland Weapons Act 1990

(2) However, the authorised officer may decide the application
within the prescribed period if the applicant is the holder of an
existing licence of another class.

Class in this case also refers to Cat. from what I have been lead to believe.

[Sifor]

Excellent glad that is the case. I assume though if you don't hold an existing A/B firearm you'll have to wait 28 days for the PTA?

[aekpani]

Got a Cat B PTA back in 7 working days recently. Not bad.

Yes I got mine for Cat B in 7 working days too

Excellent glad that is the case. I assume though if you don't hold an existing A/B firearm you'll have to wait 28 days for the PTA?

Thank you! I do have A/B but I am sure I will have to wait 28 days for my first PTA.

A lot of it has to do with the pubic service, they like to string things out and then complain that they need more staff so they don't have to bludge so hard.

True, my experience so far in dealing with weapon licensing department has been phenomenal, they are helpful beyond words. Always listen to my poor english with patience and provide all the support they can extend!

I love you Aussies! I am honored to be member of this society!

[trekin]

Although Section 56 (3) (a) of the Queensland Weapons Regulation 1996, reads as though you do not have to wait, I believe under WLB's policy and procedures you would still have the 28 day waiting period for your first Cat H firearm, even if you had firearms registered to another Category of licence.

56 Waiting period for decision on application for permit to acquire
(1) This section prescribes the period for section 42 of the Act.
(2) The period is 28 days after the day the applicant lodges the application for the permit to acquire the weapon.
(3) However, if—
(a) the applicant already holds a firearm under a licence; or
(b) an authorised officer is satisfied there are exceptional circumstances;
the period is the remainder of the day on which the applicant lodges the application for the permit.

[aekpani]

Although Section 56 (3) (a) of the Queensland Weapons Regulation 1996, reads as though you do not have to wait, I believe under WLB's policy and procedures you would still have the 28 day waiting period for your first Cat H firearm, even if you had firearms registered to another Category of licence.

56 Waiting period for decision on application for permit to acquire
(1) This section prescribes the period for section 42 of the Act.
(2) The period is 28 days after the day the applicant lodges the application for the permit to acquire the weapon.
(3) However, if—
(a) the applicant already holds a firearm under a licence; or
(b) an authorised officer is satisfied there are exceptional circumstances;
the period is the remainder of the day on which the applicant lodges the application for the permit.

Yes that is correct, I will double check with WLB tomorrow .

[Sifor]

Although Section 56 (3) (a) of the Queensland Weapons Regulation 1996, reads as though you do not have to wait, I believe under WLB's policy and procedures you would still have the 28 day waiting period for your first Cat H firearm, even if you had firearms registered to another Category of licence.

If that is their position then they are arguably making an error of law by applying the legislation in that manner and one could seek administrative review of such a decision. Policy must always be in compliance with the legislation and both a purposive and literal reading of the section suggests they would be in error. In any case, I'm unlikely to be acquiring an A/B firearm before I get a Cat H, but others in a similar position may want to take a stab at review if they can be bothered

[trekin]

Although Section 56 (3) (a) of the Queensland Weapons Regulation 1996, reads as though you do not have to wait, I believe under WLB's policy and procedures you would still have the 28 day waiting period for your first Cat H firearm, even if you had firearms registered to another Category of licence.

If that is their position then they are arguably making an error of law by applying the legislation in that manner and one could seek administrative review of such a decision. Policy must always be in compliance with the legislation and both a purposive and literal reading of the section suggests they would be in error. In any case, I'm unlikely to be acquiring an A/B firearm before I get a Cat H, but others in a similar position may want to take a stab at review if they can be bothered

The 28 day waiting period is referred to only in the Regulations, not the Act. The Weapons Act, as the name suggests, is an act of Parliament, therefore law, The Regulations can be made up by The Governor in Council, who is given the power to do so under Section 172 of the Act;

172 Regulation-making power
(1) The Governor in Council may make regulations for the purposes of this Act.
(2) The Governor in Council may make regulations with respect to the matters mentioned in schedule 1.
(3) A regulation may provide for an offence punishable by a maximum penalty of 20 penalty units.

And after sending $250 for a QCAT hearing application, waiting weeks, if not months for a hearing, chances are the outcome will be long the lines of this;
The AO is using the powers afforded him/her under Section 183 Transitional provision about authorised officers powers
"It is declared that an authorised officer has, and always has had, power to impose a condition on a licence issued under this Act that restricts, or has the effect of restricting, the possession or use of a weapon to a registered weapon of a particular category.", to ensure that Principles and object of Act are met;

3 Principles and object of Act
(1) The principles underlying this Act are as follows—
(a) weapon possession and use are subordinate to the need to ensure public and individual safety;
(b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.
(2) The object of this Act is to prevent the misuse of weapons.

4 How object is to be achieved for firearms
The object of this Act is to be achieved for firearms by—
(a) prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and
(b) establishing an integrated licensing and registration scheme for all firearms; and
(c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and
(d) providing strict requirements that must be satisfied for—
(i) licences authorising possession of firearms; and
(ii) the acquisition and sale of firearms; and
(e) ensuring that firearms are stored and carried in a safe and secure way.

[Sifor]

The 28 day waiting period is referred to only in the Regulations, not the Act. The Weapons Act, as the name suggests, is an act of Parliament, therefore law, The Regulations can be made up by The Governor in Council, who is given the power to do so under Section 172 of the Act;

172 Regulation-making power
(1) The Governor in Council may make regulations for the purposes of this Act.
(2) The Governor in Council may make regulations with respect to the matters mentioned in schedule 1.
(3) A regulation may provide for an offence punishable by a maximum penalty of 20 penalty units.

And after sending $250 for a QCAT hearing application, waiting weeks, if not months for a hearing, chances are the outcome will be long the lines of this;
The AO is using the powers afforded him/her under Section 183 Transitional provision about authorised officers powers
"It is declared that an authorised officer has, and always has had, power to impose a condition on a licence issued under this Act that restricts, or has the effect of restricting, the possession or use of a weapon to a registered weapon of a particular category.", to ensure that Principles and object of Act are met;

3 Principles and object of Act
(1) The principles underlying this Act are as follows—
(a) weapon possession and use are subordinate to the need to ensure public and individual safety;
(b) public and individual safety is improved by imposing strict controls on the possession of weapons and requiring the safe and secure storage and carriage of weapons.
(2) The object of this Act is to prevent the misuse of weapons.

4 How object is to be achieved for firearms
The object of this Act is to be achieved for firearms by—
(a) prohibiting the possession and use of all automatic and self-loading rifles and automatic and self-loading shotguns except in special circumstances; and
(b) establishing an integrated licensing and registration scheme for all firearms; and
(c) requiring each person who wishes to possess a firearm under a licence to demonstrate a genuine reason for possessing the firearm; and
(d) providing strict requirements that must be satisfied for—
(i) licences authorising possession of firearms; and
(ii) the acquisition and sale of firearms; and
(e) ensuring that firearms are stored and carried in a safe and secure way.

I am not so certain on your interpretation, but what we can certainly agree on is waiting 28 days for a PTA is going to be a lot quicker than seeking review!

My point in raising this is to highlight how ambiguous and poorly drafted the regime is, and if someone has the appetite to pursue review for s**ts and giggles on these issues that would at least provide some certainty/guidance for future applicants. Nevertheless there is every possibility advice has been sought from crown law on such matters, and it should also not be forgotten that it is quite simple for Government to remedy ambiguous drafting rendering any favourable decision essentially invalid thereafter.

Still it'll be good to hear aekpani back from WLB.

[aekpani]

Hi, just spoke to WLB, as I have A/B firearms, 28 days wait period doesn't apply on me
All my licenses are registered as one profile. So when tomorrow I will get a cat D firearm (in dreams probably) I won't have o wait

[Sam45]

Still waiting lol......

[trekin]

Hi, just spoke to WLB, as I have A/B firearms, 28 days wait period doesn't apply on me
All my licenses are registered as one profile. So when tomorrow I will get a cat D firearm (in dreams probably) I won't have o wait

Well you live and learn, (at least I do). Just hope you can get that in writing from the AO himself.

[aekpani]

Hi, just spoke to WLB, as I have A/B firearms, 28 days wait period doesn't apply on me
All my licenses are registered as one profile. So when tomorrow I will get a cat D firearm (in dreams probably) I won't have o wait

Well you live and learn, (at least I do). Just hope you can get that in writing from the AO himself.

True..

[sally-bee]

Well you live and learn, (at least I do).

1 out of 2 aint bad?

[kworse]

Hi guys and girls does anyone know what the current wait times for a standard cat a is at this point

[Smiley]

I am waiting on my license to be processed as a new application. Due to a change of address I didn't get a renewal notice and it has been expired for 3 months!
Only found out when I tried to buy a part, and now I have to re apply.
My father has possession of my rifles for safe keeping while I wait. The worst thing is that I was going to compete in NZ soon but will have to make it next year instead.

[sally-bee]

Due to a change of address I didn't get a renewal notice and it has been expired for 3 months!
Only found out when I tried to buy a part, and now I have to re apply.

That's lame

[headspace]

The answer is very simple; it's run by the pubic service and they love to fiddle with paper work. Once it's been determined that you are a fit and proper person to be licensed the rest should be a matter of fronting up with the money. The guns are all registered anyway so they know what you've got. It's just another costly beaurocracy.

[Sifor]

Just applied online today for AB, will see how it goes.....

Applied: 12/01/2015
Identity check requested : 14/01/2015
Approved: 10/02/2015
In mailbox: 23/02/2015

Just bumping for the update...! Awesome timing!