A Firearm Prohibition Order (FPO) can be made by a judge at sentencing. It prevents an offender from getting or holding a firearms licence and from owning, using or being around a firearm or related item.

The Firearms Prohibition Orders Legislation Amendment Act 2024 brings in three changes to the rules about FPOs. They are:

• expanded criteria so that more gang offenders are eligible for an FPO;
• police will be able to conduct searches without a warrant regarding a person with an FPO; and
• people with an FPO will be able to apply to have it revoked or varied after it has been in place for at least five years by filing a Notice of Application at the issuing court.

New commentary discusses these changes.

Westlaw

Arms Act 1983, s 2 (“gang”): see [AA2.08B.01]

Arms Act 1983, s 2 (“organised criminal group”): see [AA2.12E.01]

Arms Act 1983, s 39: see [AA39.01]

Arms Act 1983, s 39A: see [AA39A.01] and [AA39A.02]

Arms Act 1983, s 39FA: see [AA39FA.01] and [AA39FA.02]

Please see Adams on Criminal Law – What’s New for a complete list of the amended commentary, as well as a list of recent Offences and Defences case law added.