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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
· to create a separate licence category in respect of firearms collections,
to extend the authority conferred by a category C licence (ie
possession and use by primary producers of self-loading rimfire rifles
and self-loading or repeating action shotguns of limited magazine
capacity) to the licensee's authorised employees,
to enable the number of firearms authorised by a category C licence (ie
only one self-loading rimfire rifle and only one self-loading or
repeating action shotgun of limited magazine capacity) to be increased
if a special need exists, such as in the case of large properties or where
the licensee owns more than one rural property,
* Amended in committee--see table at end of volume.
· to provide for primary producers to have limited access to category D
type firearms (eg self-loading centre-fire rifles and self-loading or
repeating action shotguns of greater magazine capacity) for the
purposes of culling large feral animals in special circumstances,
to provide compensation to firearms dealers for loss of business,
to make a number of miscellaneous changes (resulting from the public
consultation and review process since enactment of the new Act) so as
to clarify matters of detail relating to its operation.
Following the enactment of the new Act, further resolutions on national
firearms laws were passed at the meeting of the Australasian Police
Ministers' Council on 17 July 1996 (the APMC resolutions). This Bill
implements the APMC resolutions, except for some (such as those relating to
heirloom firearms, museums and ammunition collectors) that will be
implemented by the proposed Firearms (General) Regulation 1996.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 is a formal provision giving effect to the amendments to the
Firearms Act 1996 set out in Schedule 1.
Clause 4 provides that the bracketed matter in the heading to an item of the
Schedule of amendments does not form part of the proposed Act and merely
refers to the particular APMC resolution (or other matter) on which the
amendment concerned is based.
Schedule 1
Amendments
Authority conferred by category C licence to possess and use
certain types of prohibited firearms
Under the new Act, a category C licence authorises the licensee to possess
and use no more than one self-loading rimfire rifle and no more than one
self-loading or repeating action (eg pump action) shotgun. Such a licence can
only be issued if the applicant's proven genuine reason is that of primary
Explanatory note page 2
production (ie the applicant must be a primary producer, or the owner, lessee
or manager of land used for primary production, and the applicant must state
that the firearm is intended to be used solely in connection with farming or
grazing activities). The applicant must also show a special need for having
such a firearm which cannot be met by other means (including by the use of a
category A or category B type firearm).
The following amendments implement APMC resolution 1.12.
Schedule l [5] extends the authority conferred by a category C licence to any
of the licensee's employees who are authorised by the Commissioner of
Police and would otherwise be eligible to be issued with a licence (eg they
must be 18 years of age or more and be a-fit and proper person), but only
while carrying out duties in connection with the licensee's farming or grazing
activities.
Schedule 1 [6] provides that the number of firearms authorised by a category
C licence can be increased if the licensee can establish a special need for
more firearms (eg because of the size of the licensee's property or because of
the number of properties involved).
Access to category D prohibited firearms by primary
producers
Under the new Act, a category D licence authorises the licensee to possess
and use self-loading centre-fire rifles, self-loading rimfire rifles and
self-loading and repeating action shotguns with a greater magazine capacity
than that allowed under a category C licence. Such a licence can only be
issued if the applicant's proven genuine reason is that of vertebrate pest
animal control (ie the applicant must be a professional contract shooter, or an
officer of a government agency that has responsibilities for culling vertebrate
pest animals).
The following amendments implement APMC resolution 1.13 with respect to
the extension of this licence category to primary producers in special
circumstances.
Schedule 1 [20] makes the genuine reason of vertebrate pest animal control
available to primary producers (this also covers owners of land used for
primary production) who are participating in authorised campaigns to
eradicate large feral animals or animals affected by major outbreaks of
disease.
Explanatory note page 3
The Bill provides for a number of limitations on primary producers having
access to category D type firearms. Schedule 1 [8] provides that a category D
licence issued to a primary producer authorises possession of no more than
one category D type firearm. Schedule 1 [22] provides that the person to
whom such a licence is issued must demonstrate that the special need for the
firearm cannot be met by other means. Schedule 1 [27] provides that such a
licence will be subject to special conditions (eg the firearm must be returned
after the licence expires). Schedule 1 [29] provides that such a licence will be
limited to a term that is not to be more than 12 months, and Schedule 1 [28]
is a consequential amendment.
Schedule 1 [7] is a minor amendment that makes it clear that the types of
firearms that are available under a category D licence include the firearms
that are available under a category C licence (eg a professional contract
shooter issued with a category D licence will be able to use a self-loading
rimfire rifle as authorised by a category C licence).
New category of firearms collector licence
The following amendments implement APMC resolutions 1.9 and 1.10.
Schedule 1 [13] provides for an additional category of licence called a
firearms collector licence. Such a licence will authorise the holder to possess
any firearm (except pistols manufactured after 1 January 1946 and certain
types of prohibited firearms) for the genuine reason of a firearms collection.
A firearms collector licence may authorise possession of category C or
category D type prohibited firearms, but the amendment made by
Schedule 1 [26] provides that a firearms collector licence will be subject to
special conditions, including the requirement that any category D type
prohibited firearm in the collection must be rendered permanently inoperable.
The new Act presently requires all licence applicants to establish a genuine
reason for having a firearm. Schedule 1 [21] provides that, in relation to the
genuine reason of a firearms collection, the applicant will have to prove that
he or she is a genuine firearms collector (ie is a member of an approved
collectors' club or society) and that the collection is also genuine because of
its commemorative, historical, thematic or financial value.
Schedule 1 [14] provides that a firearms collector licence does not authorise
the possession of ammunition for firearms that are part of the collection.
Explanatory note page 4
However, the proposed Firearms (General) Regulation 1996 will provide for
separate ammunition collector permits in order to authorise the possession of
ammunition for collection purposes.
Schedule 1 [3] repeals the provision exempting authorised museums from the
requirement to hold a licence under the new Act. The APMC resolutions
require private museums that hold firearms collections to be subject to the
requirements agreed on for private firearms collectors. Provision will be
made under the proposed Firearms (General) Regulation 1996 to authorise
the possession, by way of firearms museum permits, of firearms that are held
in public or official museums.
Club armourers and firearms dealers
Schedule l [12] provides for firearms dealer licences to be issued to club
armourers in order to authorise them to carry out their duties as club
armourers. This maintains the current system under the Firearms Regulation
1990 for club armourers to be treated as firearms dealers. A licence issued to
a club armourer confers authority to do things only in relation to the firearms
belonging to the members of the club concerned. Schedule 1 [l] inserts a
definition of club armourer (such persons must be members of approved
shooting clubs and satisfy the Commissioner that they are club armourers).
Schedule 1 [2], [9], [35] and [54] make amendments that are consequential
on club armourers being treated as licensed firearms dealers, and Schedule 1
[23] and [36] correct terminology relating to firearms dealer licences.
Schedule 1 [10] provides that the employees of a licensed firearms dealer
who, under the licence can do things in relation to the dealer's business so
long as they would be eligible to be issued with a licence, must also be
authorised by the Commissioner in order to be able to do those things under
the authority of the licence. Schedule 1 [11] makes it clear that a licensed
firearms dealer is authorised to possess, manufacture and buy, and not just
sell, ammunition for the firearms to which the licence relates.
Schedule 1 [34] provides that a licensed firearms dealer does not commit an
offence of purchasing or possessing an unregistered firearm if an application
is made to register the firearm within 24 hours of acquiring it. This replaces
the requirement for the firearm to be registered within a prescribed period.
Compensation for loss of business
The following amendments implement APMC resolution 1.2.
Explanatory note page 5
Schedule 1 [49] and [53] provide for compensation to be paid to licensed
firearms dealers for loss of business as determined by the Valuer-General in
accordance with the Commonwealth's valuation guidelines as approved by
the Commissioner. These guidelines provide that compensation for loss of
business is to be provided on a "before and after" basis (ie the difference, if
any, between the value of the business before and after the new legislation).
The money for compensating firearms dealers for loss of business will, as is
the case for existing compensation scheme for surrendering prohibited
firearms, be provided by the Commonwealth.
Miscellaneous amendments
Schedule 1 [4] extends the provision under the new Act that exempts carriers
and warehouse operators from committing an offence for "technically"
possessing firearms that they are transporting or holding for others. The
provision will also cover employees of government agencies and public
authorities who lawfully seize firearms in the course of their duties, and
members of the Police Service other than police officers.
Schedule 1 [15] makes it clear that only licence applicants who have never
held a firearms licence (whether under the new Act or a previous Act) will be
required to complete the relevant firearms training and safety courses.
Schedule 1 [16] enables the Commissioner to require any licence applicant to
complete training and safety courses in relation to the particular licence
category.
Schedule 1 [17] provides that a licence can be issued to a corporation if it is a
licence issued for business or employment purposes.
Schedule 1 [18] provides that the Commissioner may approve shooting clubs
in connection with the genuine reason of sport/target shooting (this replaces
the requirement for such clubs to be prescribed by the regulations).
Schedule 1 [19] provides that, in relation to the genuine reason of
recreational hunting/vermin control, membership of an approved hunting
club can be produced as evidence of the licence applicant's genuine reason.
Schedule 1 [24] removes, in accordance with APMC resolution 1.1, the
requirement that a licence must specify the licensee's current address. It is
proposed that the Firearms Register will include the address of the person in
whose name a firearm is registered. Schedule 1 [25] provides that only
firearms dealer licences will specify the premises where the firearms
authorised by the licence are to be kept.
Explanatory note page 6
Schedule 1 [30] provides for permits to be issued authorising certain firearms
in a licensed firearms collection to be fired in special circumstances (this
amendment implements APMC resolution 1.10). The amendment also
provides (as is the case at present under the Firearms Regulation 1990) for
permits to be issued authorising the possession or use of firearms in such
circumstances as the Commissioner considers appropriate.
Schedule 1 [31] provides that a permit to acquire (which a person must have
in order to buy a firearm) can, if approved by the Commissioner in a
particular case, remain in force for a longer period than 30 days.
Schedule 1 [32] provides that a minor's firearms training permit (which
applies to long arms) authorises the use of a firearm in an approved
competition (as is the case at present with a minor's target pistol permit).
Schedule 1 [33] provides that a minor's permit extends for a prescribed
period past the holder's eighteenth birthday so as to enable the holder to keep
his or her firearm pending the issue of a full licence or permit.
Schedule 1 [37][39] provide that the prohibition under the new Act on
sending or receiving firearms by mail will apply to firearm barrels rather than
to firearm parts generally.
Schedule 1 [40] provides that an advertisement for the sale .of a firearm must,
if the proposed sale is being arranged by or through a licensed firearms
dealer, contain the particulars to be prescribed by the regulations.
Schedule 1 [41] provides that commercial transporters must comply with
prescribed safety requirements when conveying firearms (this amendment
implements APMC resolution 1.1). Schedule 1 [42] clarifies the operation of
the provision dealing with the non-commercial transportation of certain
firearms.
Schedule 1 [43][45] remove the requirement for a person to have the
Commissioner's written authority in order to sell, purchase or possess
ammunition. The sale, purchase and possession of ammunition will be
authorised by a licence or an ammunition collector permit under the
regulations.
Schedule 1 [46] exempts carriers and warehouse operators from the offence
of possessing ammunition without a licence or permit.
Schedule 1 [47] enables the prohibited firearms to which section 78 of the
new Act applies to be surrendered, for compensation purposes, to members
of the Police Service other than police officers.
Explanatory note page 7
Schedule 1 [48] will enable the regulations to extend the 12 month period
(which started on 1 October 1996) during which a person is entitled to be
compensated for surrendering a prohibited firearm.
Schedule 1 [50][52] will enable the regulations to extend, to certain classes
of health practitioners, the provision under the new Act that provides for
medical practitioners to inform the Commissioner of their opinions about
patients not being suitable to possess firearms.
Schedule 1 [55] and [56] enable regulations of a savings or transitional
nature to be made as a consequence of the enactment of the proposed Act.
Schedule 1 [57] is a consequential amendment.
Schedule 1 [58][60] provide that an existing licence (being a licence issued
under the Firearms Act 1989 and that is continued under the new Act) does
not authorise the use of a prohibited firearm except in limited cases (eg
primary producers will be able to continue to use, under the authority of an
existing licence, a category C type prohibited firearm during the 12-month
transitional period provided under the new Act).
Schedule 1 [61] provides that a permit issued under the Prohibited Weapons
Act 1989 authorising the possession or use of a prohibited firearm is
continued under the new Act but only for the purpose of authorising the
possession (and not the use) of the firearm during the 12-month transitional
period.
Explanatory note page 8