Northern Territory Second Reading Speeches

[Index] [Search] [Bill] [Help]

FIREARMS AMENDMENT BILL 2003

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Madam Speaker, I move that the bill be now read a second time.

These amendments are necessary due, in the most part, to the implementation of the Council of Australian Government reforms regarding handgun control brought about at a special COAG meeting convened by the Prime Minister in the wake of a tragic shooting at Monash University in October 2002. Included in the reforms is a compensated buy-back and amnesty for category H firearms.

Honourable members should note that some of the details of these reforms are yet to be settled between the Commonwealth and the states and territories. One area of disagreement concerns the number of special accredited disciplines that should be exempt from the proposed category H sports shooting disciplines organised by sports shooting clubs. The Northern Territory government agrees that sports shooters make a strong argument for seeking the exemption of five special accredited disciplines. The Commonwealth, on the other hand, assert that only two disciplines should be exempt.

In the government’s view, there are three primary reasons for adopting its stance. Firstly, it was not a COAG resolution to prohibit the use of hand guns in internationally recognised disciplines. Secondly, the Commonwealth’s proposal will have the effect of banning specific events enjoyed by dozens of sports shooters at the Arafura and Masters Games. This is unacceptable and it is not in the Territory’s interest. Thirdly, this government believes that gun laws must balance the interests of the community against those of the sports shooters. There is no evidence that sports shooters in the Territory have been involved with any systematic mischief depicted by the Commonwealth in its reasons for seeking to restrict the number of disciplines.

This government will continue to seek to achieve a national consensus based on sound reasoning. It is hoped that a fair outcome may be achieved. In addition to implementing the COAG agreement, other outstanding issues relate to the issue of voluntary buyback and how the funding arrangements will be structured. The final outcome on these issues will be dealt with under the regulations. These amendments will also realise numerous resolutions of the Australasian Police Ministers’ Council in relation to a nationally consistent approach to firearms registration, licensing and control. I advise honourable members that this bill includes many, but not all, of the APMC’s resolutions. The balance of the resolutions will be introduced at a later date, including other complementary amendments to the Firearms Act.

Before I turn to the substantive matters under the bill, I would like to recognise the constructive role the Shooters Council plays in firearms regulation and its involvement in the development of legislation such as this. The Shooters Council made its submissions to government and the police in a professional and constructive way, notwithstanding the council did not agree with much of what came out of the COAG process. We look forward to the Shooters Council and the shooters of the Northern Territory continuing to work through these and other issues with police and government in a constructive manner, characterised by goodwill, delivering concrete benefits for the community and the sports shooters in our community.

I now turn to the main components of the bill, dealing with the COAG agreement regarding hand gun controls. A hand gun or, more appropriately, a pistol and an air pistol are, for the purposes of the act, category H firearms. As it currently stands, the Commissioner of Police may grant a licence to a person to possess and use a category H firearm if the commissioner is satisfied the applicant has a genuine reason and a genuine need for the firearm. A genuine reason for possessing or using such a firearm includes sports shooting and firearms collection.

These amendments only restrict the possession and use of category H firearms for sports shooters and antique firearms collectors. All other genuine reasons for possessing and using a category H firearm remain unamended. For example, a person seeking a category H firearms licence for business or employment purposes will need to satisfy the commissioner under the current procedures.

Under the proposed arrangements it will be necessary for a person wishing to acquire a category H firearm to be a shooting member of an approved firearms club; have satisfactorily completed a firearm safety training course; and have held a permit for at least three months to use a category H firearm under supervision. The term ‘shooting member’ is defined in the bill. In addition, the person must provide to the Northern Territory police a fingerprint sample. This is to allow the police to undertake an interstate criminal check on the person. On the completion of a person’s period of probation with the firearms club, the person may apply for a category H sports shooter’s license. It will be necessary for the applicant to have his or her application endorsed by the firearms club. The endorsement is to provide that the applicant is a member of a club; the details of the applicant’s membership; the firearms owned by the member; and at least two character references from people who have known the member for at least two years. A member does not include an associate member.

The grant of a category H firearms licence authorises the person to only possess a prescribed category H firearm for use at an approved firearms club. It will be a condition of the grant of the licence that the person must participate in sport shooting events at the prescribed participation rate, or satisfy the Commissioner of Police as to the reason the person was unable to participate at that rate. The club’s record keeping requirements are strengthened to ensure that the club is obliged to record a person’s dates of participation at sport shooting events. Other record keeping requirements are also inserted and will be discussed shortly.

Consistent with the COAG reforms, there will be a cap on the number and type of hand guns a person may possess. A condition of the licence is that a person may hold no more than the following firearms:

(a) one .22” calibre pistol or one centrefire pistol;
(b) one .177” air pistol; and
(c) one black powder muzzle loading pistol or one cap and ball percussion fired revolver.

Notwithstanding this limitation, a person may also apply to hold additional firearms than those permitted, if the person can demonstrate a genuine need for any additional firearms and the holder has held a category H sports shooter’s license for a period of 12 months.

To ensure compliance with the limitation of ownership of certain category H firearms the owner of the firearm must present his firearms to the commissioner before 31 December 2003. To facilitate this requirement, the commissioner may specify a time and a place which a category H firearm is to be produced. If the firearm is not a type that is prescribed the registration of the firearm is to be cancelled and the firearm surrendered to the Territory. Any acquisition of category H firearms that is not of the type prescribed is to be on just terms. A court may determine the amount of compensation.

The registration of any firearms that have not been presented by 31 December 2003 will be cancelled. Provisions have been inserted to allow the commissioner to issue a notice to a person who is unable to produce a firearm as directed. The notice gives the person an opportunity to satisfy the commissioner as to why the requirement was not complied with. If the commissioner is not satisfied with the person’s reasons all licences held by the person, including all firearm registrations, will be revoked.

The bill also incorporates part of the National Firearms Trafficking Policy Agreement as endorsed by the Australasian Police Ministers’ Council on 17 July 2002. This agreement is aimed at the illegal trade and illicit manufacture of firearms, and requires all jurisdictions to incorporate similar legislation. I will now briefly turn to these action plans. However, as a preliminary point, I stress that it is an underlying theme of the act that only fit and proper people should be involved with and have access to firearms. These amendments are intended to enhance this policy objective.

The first relevant amendment is the introduction of ‘close associate’ provisions for firearms dealers. The Commissioner of Police must not grant a firearms dealer’s licence to a person if the commissioner is of the opinion a close associate is not a fit and proper person to be the close associate of the firearms dealer. A ‘close associate’ is a person who has an interest of whatever kind, or has some form of control or management in the business being carried on by the firearms dealer. A firearms dealer must notify the Commissioner of Police of any changes in the dealer’s close associates within seven days of any change. Alternatively, the commissioner may require the dealer to submit a declaration of the names and addresses of close associates. Heavy penalties apply for a person failing to make a declaration or providing information which the person knows is false or misleading.

The next amendment restricts a prescribed person’s access to firearms, by making it an offence for a firearms dealer from employing these people. A ‘prescribed person’ is defined in the bill as meaning a person who has, amongst other things, his or her firearms dealer’s licence, or firearms licence, or permit, revoked for an offence under the act. A further limitation of access to firearms is that the commissioner must refuse to grant a licence, or permit, or to revoke a person’s licence, permit, or certificate of registration, if the commissioner is of the opinion the person is a risk to public safety or that it would be contrary to the public interest. In forming his opinion, the commissioner must have regard to any criminal intelligence report or other criminal information. Because of the confidential nature of the criminal information, the commissioner is not required to give any reasons for his decision which is likewise non-reviewable in any court or tribunal. This is based on public policy and preserving this kind of information in the possession of the commissioner. To ensure proper accountability in forming the necessary opinion, the commissioner is unable to delegate this power.

The penalties for any unauthorised possession of a firearm have been amended and brought into line with modern community standards. Also, the term ‘possession’ has been widened for the purposes of the act to deem a person to be in possession of a firearm, if the firearm, ammunition, or silencer is in or on any premises owned, leased, occupied or in the care, control or management of the person. The court may, however, be satisfied that the firearm, ammunition or silencer was brought onto the premises by a person who was authorised to do so, or that the person did not know, or be reasonably expected to know, that the firearm, ammunition or silencer was on the premises. A firearm includes a prohibited firearm and the term ‘premises’ means any place, vehicle, vessel or aircraft.

I have already mentioned the record keeping requirements for a firearms club. Increased record keeping obligations will also apply to a firearms dealer and a firearms armourer. In relation to a firearms dealer, the current provisions for quarterly returns is no longer relevant and has little value. The proposed amendment replaces the quarterly returns with the lodgement of a record of transaction concerning any sale, purchase or storage of a firearm or firearm part by the dealer within seven days of the date of the transaction. Similarly, a firearms armourer will be required to make a record of the particulars of each firearm that has come into the armourer’s possession or is no longer in his possession within 24 hours of the event. Copies of the records are to be provided to the commissioner by no later than seven days after the last day of March, June, September and December in each year.

Another action plan under the agreement, and included in this bill, is the introduction of nationally consistent provisions for an offence for the unlawful manufacture of firearms. Presently, the act provides that a firearms dealer can manufacture and repair a firearm. The right to manufacture and repair firearms will be given to a firearms armourer with severe penalties for any unauthorised person manufacturing a firearm, including a prohibited firearm or pistol.

Further amendments to the Firearms Act contained in the bill will facilitate the administration of the act by amending a number of anomalies or strengthening current provisions. The current provisions relating to the period of disqualification for a person applying to register a firearm for an offence under the act are confusing and ambiguous. The bill will provide a new procedure, simplifying the regime into a three tier system as follows: where a person has been found guilty of an offence, and a court has imposed a pecuniary penalty, the person cannot apply to register a firearm for a period of two years. Where, however, the court has imposed a period of imprisonment, the period will be five years. In some instances, a breach of the act may be more appropriately dealt with by the issue of an infringement notice. Therefore, an infringement notice similar to an offence under the Traffic Act, may be issued by a member of the police force in certain circumstances.

These amendments, however, will not limit the court’s powers in disqualifying a person from registering a firearm. The courts will have the power to disqualify a person for such period that the court specifies. The court may also revoke the person’s licence or permit for a similar period. Where the court revokes a person’s licence, permit or certificate of registration, or where the person’s licence, permit or certificate is automatically revoked for a disqualifying offence under the act, a member of the police force may, without warrant, search and seize any firearm or ammunition. This power already exists in certain instances, however, this amendment will give a member of the police force the power to seize firearms where it is in the public interest or public safety to do so.

The bill also introduces a circumstance of aggravation in the penalty regime under the act. Where a person is found guilty of an offence under the act, and at the time of the offence the person was the subject of a refusal, a suspension or revocation or a period of disqualification for a licence, permit or registration, the person is liable to twice the penalty that is otherwise provided for in the offence.

In addition, notwithstanding any other period of disqualification under the act, the court is to disqualify the person from holding any licence for a further period of four years on the imposition of a pecuniary penalty and 10 years for a period of imprisonment. An order to Keep the Peace under section 99 of the Justices Act is to be a disqualifying offence.

These amendments will greatly assist in ensuring that access to firearms is restricted to people authorised to possess and use them. The amendments will enhance the administration of the act in such a manner as makes it more consistent and fairer to those Territorians who own or intend to own firearms.

Finally, I should draw to honourable members’ attention that the COAG agreement requires these amendments to take effect from 1 July 2003. Therefore, it will be necessary to have this bill brought back on for consideration in the first week of the June sittings in contravention of Standing Order 178 which requires the bill to lay before the Legislative Assembly for one month. To that end, I invite any honourable member to contact my office to arrange a briefing session to enable members to consider and debate the bill in June.

Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

[Index] [Search] [Bill] [Help]