keen wrote:Did you ask if he's back from Christmas holidays?
HiFiRobbie wrote:Things are getting better.
aekpani wrote: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
trekin wrote:The AO can waiver the 28 day waiting period if you already have a current licence of another Cat.
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
(b) for a visitor’s licence—until the end of the day the application is lodged.
(ii) if satisfied there are exceptional circumstances—until the end of the day the application is lodged; or
Sifor wrote:trekin wrote: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
(b) for a visitor’s licence—until the end of the day the application is lodged.
(ii) if satisfied there are exceptional circumstances—until the end of the day the application is lodged; or
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).
cuvy wrote:Got a Cat B PTA back in 7 working days recently. Not bad.
Sifor wrote: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?
headspace wrote: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.
trekin wrote: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.
trekin wrote: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.
Sifor wrote:trekin wrote: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 wrote: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.
aekpani wrote: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
trekin wrote:aekpani wrote: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.
trekin wrote:Well you live and learn, (at least I do).
Smiley wrote: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.
Sifor wrote: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