Part 8Miscellaneous provisions
Appeals
341Appeals to District Court
A person who is the subject of any of the following decisions may appeal against the decision:
- a decision by the chief executive to refuse an application for any of the following:
- a business licence:
- a consent to conduct an arms activity at a place of business other than the place of business in respect of which a business licence is issued:
- a curator licence:
- a museum worker licence:
- an approval to be an ammunition seller:
- an endorsement:
- a permit to import:
- a permit to possess:
- a certificate of approval for a pistol shooting club under section 211:
- a certification of a pistol shooting range under section 226:
- an enrolment of a non-pistol shooting club under section 222:
- an enrolment of a non-pistol shooting range under section 238:
- a business licence:
- a decision by the chief executive to issue subject to conditions, or to revoke, any of the following:
- a business licence:
- a curator licence:
- a museum worker licence:
- an approval to be an ammunition seller:
- an endorsement:
- a permit to import:
- a permit to possess:
- a certificate of approval for a pistol shooting club under section 211:
- a certification of a pistol shooting range under section 226:
- an enrolment of a non-pistol shooting club under section 222:
- an enrolment of a non-pistol shooting range under section 238:
- a business licence:
- a decision of the Firearms Licensing Review Committee.
A person who has been served with a notice under section 138 or 334 may appeal against the requirement in the notice.
The chief executive may appeal against a decision of the Firearms Licensing Review Committee.
An appeal under this section is made to a District Court Judge by an originating application.
On hearing an appeal under this section, the District Court Judge may confirm, vary, or reverse the decision appealed against.
Subsection (7) applies if—
- an application for a firearms licence has been refused on the ground set out in section 70(2); or
- a firearms licence has been revoked on the ground set out in section 151(2).
If this subsection applies, the District Court Judge may, even though the Judge finds that ground established, vary or reverse the decision appealed against if satisfied that, since the decision was given, adequate measures have been taken to deny access to the firearm to the person whose likelihood of access to it was the basis of the refusal or revocation.
Subject to section 343, the decision of a District Court Judge is final and conclusive.
A person is not excused from complying with any of the provisions of this Act on the ground that they have lodged an appeal and the appeal or the decision on the appeal is pending.



