By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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Like most other Australian states and territories, Tasmania has a formal scheme for the making of firearms prohibition orders (FPOs). An FPO is an order that is issued against a person who is deemed unfit to possess or use firearms. These orders represent a critical public safety mechanism, allowing authorities to prevent potentially dangerous individuals from accessing weapons. This page outlines the Tasmanian firearm prohibition order scheme, including the legal framework, application process, and consequences of non-compliance.
Legislation
The Firearms Act 1996 contains the laws that govern firearms prohibition orders in Tasmania, including the consequences of breaching an order. This comprehensive legislation establishes the framework for firearm regulation across the state, with Part 8A specifically addressing firearms prohibition orders.
The Act works in conjunction with other Tasmanian legislation, including the Police Powers (Public Safety) Act 2005, to provide law enforcement with the necessary tools to protect community safety. The firearms prohibition order provisions have been refined over the years to ensure they remain effective in addressing contemporary public safety concerns.
Effect of firearms prohibition orders
Under section 130 of the Firearms Act 1996, a firearms prohibition order prohibits a person from possessing or using a firearm. The order is made by the commissioner of police on the basis that a person is unfit to use firearms.
Scope of prohibition
An FPO extends beyond simply preventing firearm ownership. The order also prohibits the subject from:
- Applying for or obtaining a firearm licence
- Possessing ammunition or firearm parts
- Being present at licensed premises where firearms are sold or stored
- Participating in shooting activities at gun clubs or ranges
It is a criminal offence to contravene a firearms prohibition order, with serious penalties applying to both the subject of the order and anyone who assists them in breaching it.
Grounds for making a firearms prohibition order
The Commissioner of Police may make a firearms prohibition order against a person if they believe the person poses a risk to public safety or is otherwise unfit to possess firearms. The decision-making process considers various factors that indicate potential danger or unsuitability.
Criminal history considerations
The Commissioner will typically consider a person's criminal history, particularly convictions involving:
- Violence against persons or property
- Drug trafficking or serious drug offences
- Firearms-related offences
- Domestic violence incidents
- Organised crime activities
Other risk factors
Beyond criminal convictions, the Commissioner may also consider:
- Mental health issues that may affect judgment
- Substance abuse problems
- Threats made against individuals or the community
- Association with criminal organisations
- Previous misuse of firearms
Duration
The Tasmanian FPO scheme does not specify a maximum duration of an order. Rather, an order remains in force unless the commissioner of police revokes it. This indefinite duration ensures ongoing protection for the community while providing mechanisms for individuals to seek review when circumstances change.
The permanent nature of these orders reflects their serious purpose in protecting public safety. However, the legislation recognises that people can change over time, which is why comprehensive review mechanisms are built into the system.
Review
A person who has an FPO made against them can seek a review of this decision by the commissioner of police. The review process provides an essential safeguard against inappropriate or unjust orders.
Internal review process
The initial review is conducted internally by Tasmania Police. Applicants must provide evidence demonstrating that circumstances have changed significantly since the order was made. This might include evidence of rehabilitation, completion of counselling programs, or other factors that reduce the assessed risk.
A person may also seek the revocation of an FPO after it has been enforced for a period. The timing and grounds for such applications are considered on a case-by-case basis.
Judicial review
If the commissioner refuses to revoke the order, the person may be able to seek judicial review through the Supreme Court of Tasmania. This type of review is only available in cases where a person argues that the decision was unlawful or unreasonable.
Judicial review focuses on the process of decision-making rather than substituting the court's judgment for that of the Commissioner. Applicants must demonstrate procedural unfairness, consideration of irrelevant factors, or other legal errors.
Offences
The Firearms Act 1996 contains a number of offences that are committed when a person contravenes the terms of an FPO. These offences carry substantial penalties reflecting the serious nature of firearms prohibition breaches.
Possessing or using a firearm
A person who is the subject of a firearms prohibition order must not possess or use a firearm. This includes temporary possession or use, even if the firearm belongs to someone else.
This offence is punishable by a maximum penalty of a fine of 50 penalty units or imprisonment for two years, or both.
Providing firearms to person with FPO
A person must not sell or give possession of a firearm to a person who they know is the subject of a firearms prohibition order. This offence extends to lending or otherwise providing access to firearms.
This offence is punishable by a maximum penalty of a fine of 50 penalty units or imprisonment for a term of two years, or both.
Failing to comply with a search
A person must comply with a search under the Firearms Act 1996. This includes both the subject of the FPO and other persons present during lawful searches.
Failure to do so is an offence that can attract a maximum penalty of a fine of 20 penalty units, imprisonment for 12 months, or both.
Police powers
The Firearms Act 1996 gives the Tasmanian police broad powers in relation to persons who are subject to FPOs. These powers are designed to ensure effective enforcement of prohibition orders and protect community safety.
Search and seizure powers
The police may enter and search premises and vehicles without a warrant if they suspect that an offence under the Firearms Act 1996 is being committed.
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