39DVarying or modifying standard conditions of FPO

1. When making an FPO against an offender, the court may vary or modify the standard conditions of the FPO set out in section 39C having regard to—

2. the nature and seriousness of the offence in respect of which the offender has been convicted; and
3. the circumstances of the offending; and
4. the offender’s personal circumstances (for example, the effect the standard conditions would have on the offender’s employment opportunities); and
5. any other matters that the court considers relevant.

6. The court may not vary or modify the standard condition in section 39C(1)(b) unless it is satisfied that there are sufficient safeguards in place to ensure that the offender is not reasonably likely to obtain access to the firearms or related items stored on the premises.

7. For the purposes of subsection (2), the court may take into account any proposal agreed between the responsible person and a member of the Police for the Commissioner to prescribe conditions on the responsible person’s firearms licence.

8. In subsection (3), responsible person means the firearms licence holder responsible for the secure storage of the firearms and related items in the premises referred to in section 39C(1)(b).