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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a)
to confirm firearm possession and use as being a privilege that is
conditional on the overriding need to ensure public safety, and
(b) to improve public safety by imposing strict controls on the possession
and use of firearms, and by promoting the safe and responsible storage
and use of firearms, and
(c)
to facilitate a national approach to the control of firearms.
The objects of the proposed Act are as follows:
(a)
to prohibit the possession and use of all automatic and self-loading
rifles and shotguns except in special circumstances,
(b)
to establish an integrated licensing and registration scheme for all
firearms,
(c)
to require each person who possesses or uses a firearm under the
authority of a licence to prove a genuine reason for possessing or using
the firearm,
(d) to provide strict requirements that must be satisfied in relation to
licensing of firearms and the acquisition and sales of firearms,
(e)
to ensure that firearms are stored and conveyed in a safe and secure
manner,
(f)
to provide for compensation in respect of, and an amnesty period to
enable the surrender of, certain prohibited firearms.
This Bill replaces the Firearms Act 1989 with a legislative scheme that gives
effect to the resolutions of the Australasian Police Ministers' Council of
10 May 1996 concerning firearms prohibition, regulation and control. For
example, the Bill implements APMC resolution 1 (b) banning prohibited
firearms for the purposes of competitive shooting. While giving effect to
those resolutions, this Bill maintains the existing New South Wales law in
such cases where it applies a stricter standard than that required by the
Ministers' resolutions.
One particular aspect of this Bill is to bring those firearms that are presently
listed as prohibited weapons under the Prohibited Weapons Act 1989 (eg
machine guns and military style semi-automatic rifles) under the regime of
the proposed Act. The new list of prohibited firearms in the proposed Act
will include all self-loading (ie rapid fire or semi-automatic) rimfire and
centre-fire rifles and shotguns (regardless of their calibre or design).
A number of provisions contain bracketed notes in headings, drawing
attention ("cf") to equivalent or comparable (though not necessarily
identical) provisions of the Firearms Act 1989 ("1989 Act"), the Firearms
Regulation 1990 ("1990 Reg") and the Prohibited Weapons Act 1989 ("PW
Act"), and to the resolutions of the Australasian Police Ministers' Council of
10 May 1996 concerning national firearms prohibition, regulation and control
("APMC resolutions"). The information is a guide only and does not purport
to provide a comprehensive comparison with the existing law.
Preliminary
Part 1 (clauses 1-6):
·
specifies the name (also called the short title) of the proposed Act
·
provides for the commencement of the proposed Act on a day or days
to be proclaimed
·
sets out the principles and objects of the proposed Act (as stated in the
above overview)
·
defines certain words and expressions used in the proposed Act
Explanatory note page 2
· enables the list of prohibited firearms in Schedule 1 to be added to by
the regulations
· provides that the proposed Act will bind the Crown (but will not apply
to police officers, prison officers, military personnel and certain other
categories of persons while acting in the ordinary course of their
duties).
The term firearm is widely defined. It means a gun, or other weapon, that is
capable of propelling a projectile by means of an explosive (and it includes
air guns and blank fire firearms). The term Commissioner refers to the
Commissioner of Police who will be the licensing authority under the
proposed Act.
Part 2
Licences and permits
Part 2 (clauses 7-32) establishes a licensing and permit scheme that requires
any person who uses or possesses a firearm to be authorised by a licence or
permit under the proposed Act.
Clause 8 sets out the new licence categories, and specifies the kinds of
firearms to which each licence category applies and the authority that the
licence confers. The headings to licence categories C and D are descriptive
only and follow the APMC resolutions. The firearms referred to in licence
category C will be restricted to primary producers, and those referred to in
licence category D will be restricted to professional contract shooters and
government authorised shooters engaged in controlling feral animals.
Clause 9 provides that the authority conferred by a licence to possess a
firearm extends to such things as taking it to a licensed firearms dealer to
have it repaired, and provides limits on what a licence can authorise (eg you
cannot possess a prohibited firearm for the purposes of a firearms collection).
Clause 10 specifies the eligibility criteria for applicants (eg must be over I S),
and clause 11 specifies mandatory and discretionary grounds for refusing to
issue licences (eg the applicant must be a fit and proper person and not be
subject to an apprehended violence order). Clause 12 requires an applicant to
state and prove a genuine reason for having a firearm before a licence can be
issued, and clauses 13-17 require a special need to be proven in the case of
the more high powered firearms, self-loading firearms (as restricted to
primary producers and professional contract shooters) and pistols.
Explanatory note page 3
Clauses 18-27 deal with other licensing matters such as the form of a licence
(it is envisaged that a licence can be in both a photo-card form and a more
detailed paper form), the conditions to which a licence is subject, how long
licences are in force (5 years, or less if prescribed by the regulations), the
grounds for suspending or revoking a licence, the surrendering of firearms if
the licence is suspended or revoked, and the recognition of interstate
licensees for limited purposes such as shooting competitions.
Clauses 28-32 deal with the issuing of permits, for example, permits that
authorise persons to acquire firearms (suck a permit is required if you want to
purchase a firearm), that authorise minors to possess or use firearms under
supervision (for training or target shooting purposes), and that authorise the
possession or use of firearms in circumstances prescribed by the regulations.
The eligibility criteria for permits are similar to the criteria applying to
licences, and permits can be revoked for the same reasons for which a licence
can be revoked.
Part 3
Registration of firearms
Part 3 (clauses 33-38) provides a registration scheme for all firearms that
will be integrated with the proposed licensing and permit scheme. A Register
of Firearms is to be maintained and it is to contain particulars of each
registered firearm and the person in whose name it is registered, along with
particulars of the person's licence or permit. The Register is to be linked to
interstate firearms registers. The registration scheme provides for the
Commissioner to issue a notice of registration to the person in whose name
the firearm is registered, and for cancellation of registration on certain
grounds. It will be an offence to sell, purchase, possess or use an unregistered
firearm.
Part 4
Safe keeping of firearms
Part 4 (clauses 39-42) provides that reasonable precautions must be taken to
ensure the safe keeping of firearms. Specific requirements are provided in
respect of the different licence categories (eg prohibited firearms and pistols
must be stored in steel safes when not being used). Non-compliance with the
safe keeping requirements can result in the seizure of the firearms concerned
by the police.
Explanatory note page 4
Part 5
Firearms dealers
Part 5 (clauses 4 3 4 9 ) requires firearms dealers who carry on a business to
be licensed, and provides that dealers can only sell firearms to persons who
are authorised to have a firearm. Firearms dealers will be required to keep
records of all their firearms transactions and dealings, and these records are to
be sent to the Commissioner so that the Register of Firearms can be updated.
They are also required to provide quarterly returns and comply with a number
of other requirements that are designed to ensure the security and responsible
safe keeping of firearms. Licensed firearms dealers are authorised to purchase
firearms from interstate dealers.
Part 6
Miscellaneous offences
Part 6 (clauses 50-72) contains a number of firearms related offences, most
of which are taken from the Firearms Act 1989 and the regulations under that
Act. The offence provisions are summarised as follows:
e
clause 50 prohibits a person from buying a firearm without a licence to
possess it and a permit to acquire it
e
clause 51 in effect prohibits the selling and buying of firearms
privately (ie you can only buy or sell a firearm through a dealer, or if
the sale is witnessed by a police officer in circumstances where a
dealer is not reasonably available)
e
clause 52 prohibits the sending or receiving of firearms in New South
Wales through the mail
e
clause 53 allows only licensed firearms dealers to send firearms
interstate through the mail and only if sent to other licensed firearms
dealers
e
clause 54 allows only licensed firearms dealers to advertise firearms
for sale
e
clause 55 requires firearms to be delivered in person only
e
clause 56 prevents firearms being transported with ammunition
e
clause 57 restricts the transporting of prohibited firearms and pistols
e
clause 58 prohibits the possession of spare barrels without authority
e
clause 59 provides for the on-the-spot inspection of firearms by the
police
e
clause 60 requires unauthorised persons to surrender firearms that
come into their possession
Explanatory note page 5
clause 61 prohibits the sale of unsafe firearms and allows the police to
seize unsafe firearms
clause 62 prohibits the shortening of firearms (eg sawn off shotguns)
clause 63 prohibits the conversion of a firearm into a pistol or so as to
turn a prohibited firearm into a non-prohibited firearm
clause 64 prohibits the handling of firearms when under the influence
of alcohol or other drugs
clause 65 regulates the sale, purchase and possession of ammunition
clause 66 prohibits the altering. of serial numbers and other
identification marks on firearms
clause 67 prohibits the pawning of firearms, firearm parts or
ammunition
clause 68 requires licensees and permit holders to produce their
licences or permits when requested by a police officer
clause 69 requires licensees and permit holders to notify the
Commissioner if they change their address
clause 70 prohibits the making of false or misleading applications for
licences or permits
clause 71 prohibits the misuse of licences and permits
clause 72 deals with altering or falsifying records required to be kept
under the proposed Act.
Part 7
Firearms prohibition orders
Part 7 (clauses 73 and 74) allows the Commissioner to make an order
prohibiting a person from possessing firearms if it is not in the public interest
for the person to have firearms. It is an offence to possess a firearm in
contravention of such an order, and it is also an offence to sell or transfer a
firearm to another person knowing that the other person is subject to a
firearms prohibition order.
Part 8
Appeals
Part 8 (clauses 75-77) provides for appeals to a Local Court about licensing,
permit and registration decisions by the Commissioner. An appeal is to be
dealt with by way of a new hearing and the Local Court is not to be bound by
the rules of evidence.
Explanatory note page 6
Part 9
Miscellaneous provisions
Clause 78 provides for compensation to be paid for surrendered self-loading
rifles and shotguns. These guns will be classified as prohibited firearms under
the proposed Act and only limited classes of people will be able to possess or
use them lawfully. Consequently, the compensation provision is designed to
be an incentive for these guns to be surrendered to the police.
The money for surrendered guns will be supplied by the Commonwealth
through the Medicare levy. The Commonwealth has introduced legislation
(the Medicare Levy Amendment Bill 1996 and the Income Tax Assessment
Amendment Bill 1996) in order to raise the necessary funds.
Part 9 also contains provisions (clauses 79-87) that:
· enable medical practitioners to disclose opinions about patients who
are not suitable to have firearms
*
deal with the disposal of surrendered or seized firearms
· enable the Commissioner to delegate functions to police officers and
other authorised persons
· provide for parents to be also liable for offences committed by children
under 18
· deal with machinery matters such as offences committed by
corporations, how proceedings for offences are to be dealt with, when
an information for an offence must be laid, service of notices by post,
and certain certificate evidence being admissible in proceedings.
The rest of Part 9 (clauses 88-92) contains machinery provisions that enable
the Governor to make regulations for the purposes of the proposed Act,
repeal the Firearms Act 1989 and the regulations under that Act, give effect
to Schedule 2 (Amendment of other Acts) and Schedule 3 (Savings and
transitional provisions) and provide for the proposed Act to be reviewed by
the Minister after 3 years.
Schedule 1 lists the firearms that are prohibited firearms for the purposes of
the proposed Act. The list includes machine guns (these are currently
prohibited weapons under the Prohibited Weapons Act 1989) and all
self-loading (ie semi-automatic or rapid fire) rifles and shotguns (regardless
of whether they are military style and regardless of their calibre and
magazine capacity).
Explanatory note page 7
Schedule 2 contains amendments to the Prohibited Weapons Act 1989 so as
to remove from that Act the legislative control over those weapons that are to
be dealt with as prohibited firearms under the proposed Act. The Schedule
also amends the Criminal Procedure Act 1986 consequentially.
Schedule 3 contains savings and transitional provisions, including a power to
make regulations of a savings and transitional nature consequent on the
enactment of the proposed Act. In particular, the Schedule provides for a 12
month amnesty period in respect of the possession of certain prohibited
firearms. Existing licences and permits will be continued under the proposed
Act for 12 months (except if they relate to prohibited firearms), and all
existing permits under the Prohibited Weapons Act 1989 relating to
prohibited firearms will be automatically revoked.
Explanatory note page 8