Firearm Prohibition Orders (NT)
The Northern Territory introduced Firearm Prohibition Orders in 2019. They are orders issued by the Police Commissioner prohibiting a person from using or possessing firearms for a stated period. This page outlines the operation of FPOs in the NT and the consequences of breaching one.
Legislation
The Firearms Act 1997 contains the laws around Firearm Prohibition Orders and the penalties that apply for contravening them.
What is a Firearm Prohibition Order?
An FPO is an order that prohibits a person from acquiring, possessing, using or being in the company of someone who is using or in possession of firearms.
An FPO can be made against a person who is over the age of 14.
An FPO against an adult can be made for a period of up to 10 years. An FPO against a young person can be made for up to five years.
Reasons for making an FPO
An FPO can be made against a person for the following reasons:
- because of their criminal history
- because of their behaviour
- because of the people they associate with
- because of criminal information the Commissioner holds about them or about the people they associate with
- because they may pose a risk to public safety if they acquire, possess or use a firearm.
Review
A person who has a Firearm Prohibition Order issued against them may apply to have this decision reviewed by the NT Civil and Administrative Tribunal (NTCAT).
A person may also apply to have an FPO reviewed during the period of the order. An adult may apply for review after an order has been in force for 12 months. A young person may do so after half the time for which the order was made has passed.
Police powers
The Firearms Act 1997 gives police extensive powers to conduct searches of persons who are subject to FPOs and their property. These searches can be executed without a warrant.
The police may search a person to whom an FPO applies to determine whether they have acquired, possess or are using a firearm or a firearm-related item.
The police may search:
- the person
- anything in the person’s possession
- a person who is in the person’s company
- premises occupied or controlled by the person
- any vehicle, aircraft or vessel occupied or controlled by the person
and seize any firearms or firearm-related items.
Offences
There are a number of offences that consist of contravening the conditions of an FPO.
Contravening Firearms Prohibition Order
It is an offence for a person who is subject to an FPO to engage in conduct that results in them acquiring a firearm or firearm-related item. The maximum penalty that applies is imprisonment for 10 years (where the offence relates to a firearm) or five years (where the offence relates to a firearm-related item).
Conduct resulting in another person contravening an FPO
It is an offence for a person to engage in conduct that results in a person who they know is subject to an FPO acquiring a firearm or firearm-related item. The maximum penalty that applies is imprisonment for 10 years (where the offence relates to a firearm) or five years (where the offence relates to a firearm-related item).
Being at prohibited premises
It is an offence for a person who is subject to an FPO to intentionally enter or remain at prohibited premises. Prohibited premises include firearms clubs, shooting ranges, shooting clubs and firearms fairs. The maximum penalty for this offence is a fine of 50 penalty units or imprisonment for 12 months.
Residing at prohibited premises
If a person has an FPO made against them and at least 24 hours have passed since the order was served on them, they must not be residing at premises where there is a firearm or firearm-related item. The maximum penalty for this offence is imprisonment for four years (where the offence relates to a firearm) or two years (where the offence relates to a firearm-related item).
Being in company of person using firearm
If a person has an FPO against them, it is an offence for them to knowingly be in the company of another person who is in possession of or is using a firearm or a firearm-related item. The maximum penalty for this offence is imprisonment for four years (where the offence relates to a firearm) or two years (where the offence relates to a firearm-related item).
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.