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| Bill presented and read a first time. Dr BURNS (Police, Fire and Emergency Services): Madam Speaker, I move that the bill be now read a second time. The purpose of this bill is to introduce a licensing scheme to allow the game of Paintball to be played in the Territory. The Territory and Tasmania are the only jurisdictions that do not permit the playing of Paintball. In the light of the increased media interest in Paintball last year, while I was interstate I took the opportunity to make a firsthand assessment of both the nature of the game and the safety aspects of Paintball. I am pleased that Territorians will soon have the opportunity to play the game of Paintball. Paintball generally involves two teams attempting to capture … Mrs Braham: Inside or outside? Madam SPEAKER: Order! Mr Mills: Should be both. Dr BURNS: Paintball general involves two teams attempting to capture the opposing team’s flag. Each team protects their flag by tagging and eliminating their opponents by hitting them with a paintball pellet fired from a paintball firearm. The firearm is powered by compressed gas and is capable of firing a pellet up to 60 metres at a speed of 91 metres per second. The game normally lasts between 10 and 30 minutes, or until the opposing side’s flag is captured, or the opposing team is eliminated. Although paintball is a game which promotes exercise and team … Mrs Braham: Eliminated? Dead? Madam SPEAKER: Order! Dr BURNS: Madam Speaker, could I be permitted to make my second reading speech with some courtesy from the member for Braitling? Madam SPEAKER: Member for Braitling, I would ask you to cease interjecting. Minister, please continue. Dr BURNS: Thank you, Madam Speaker. Although paintball is a game which promotes exercise and team bonding, special weight must also be placed on reducing the potential risk of injury to participants and others in the vicinity of the range. In keeping with the government’s commitment to strong gun laws, the regulation and control of paintball will be administered by the Police Commissioner, who will be responsible for the licensing of operators and their employees, and approval of paintball ranges. Approved ranges will be the only places where paintball can be played legally. There will be no licensing requirements imposed on participants, but certain people will be prohibited from playing. I now turn to specific amendments to the Firearms Act. A paintball operator must be licensed or permitted to carry on the business at an approved paintball range. Licences will only be granted to a body corporate which is an Australian registered company under the Corporations Act 2001 of the Commonwealth. There are a number of grounds for restricting the grant of the licence to a body corporate as opposed to granting a licence to an individual. Firearms licences are not transferable under the act, so were paintball licences to be held by individuals it would mean the paintball operators licence and firearms registration associated with the business would be automatically revoked when the individual owner ceased operating the business. But with licences vested in a body corporate, the business can be sold along with the licence with the purchasers becoming the new directors and members of the body corporate. Restricting the grant of a licence to the body corporate will also allow the Police Commissioner to maximise his enforcement of power under the act. This is intended to ensure that the holder of an operator’s licence conducts the business responsibly and in the public interest. The grant of a licence or permit will be subject to stringent conditions aimed at promoting the operator’s safety obligations although the Police Commissioner may impose specific conditions on the paintball operator’s licence. For example, differing conditions might be placed on an indoor operation as opposed to an outdoor operation. An application for a paintball licence will cost $300 and if granted will remain in force for one year. This is similar for paintball applications in other jurisdictions. Likewise, it is the requirement that a licensee must have public liability insurance in a minimum amount of $10m. It will be incumbent on the applicant intending to lodge an application to obtain all necessary approvals for the use of the premises prior to making application. This serves two purposes. First, it speeds up the application process, and second, and more importantly, it gives the Police Commissioner an opportunity of satisfying himself that the proposed paintball range has been approved for use for that purpose under other Territory laws. For example, it provides proof that the applicant has received the relevant town planning approval to use the proposed premises for the purpose. As well as obtaining all the necessary approvals, the applicant must have satisfactorily completed an approved safety course. Similar to an application for a firearm dealer’s licence, the applicant for a paintball licence must provide the Police Commissioner with the names and addresses of close associates, including the nature of the association. The applicant must also supply the Police Commissioner with the names and addresses of prospective employees, and the representative responsible for the control and management of the business. If the Police Commissioner is satisfied that the close associate is not a fit or proper person, or in the case of the representative, there are criminal intelligence reports or other criminal information about the representative which in the Police Commissioner’s opinion makes the representative a risk to public safety or contrary to the public interest, the Police Commissioner must refuse to grant the licence or permit. All employees must hold an employee licence, and have successfully completed an approved training course. A paintball operator will not be permitted to employ someone classified as a prohibited person under the Firearms Act. The amendment bill defines a prohibited person to mean a person prohibited from applying for a licence or a permit under the Firearms Act or a law of another state or territory. If, at any time, an employee’s licence is revoked or suspended, the Police Commissioner must, as soon as is practical, inform the operator of the fact. Whether an employee ceases to be employed by the operator, their licence is automatically revoked. A paintball operator has a reciprocal obligation to inform the Police Commissioner of any changes to any close associates, representatives or employees. It is an offence to fail to do so. An employee licence will allow employees to possess or use a paintball firearm at the approved paintball range. Employee licences remain valid for 12 months, which is in line with other licences granted under the act. The application fee for an employee licence will be $20, which covers the administration cost connected with the licence. As I have said, a paintball operator licence or permit will be granted only in respect to an approved paintball range. Since the range is specified in the operator’s licence or permit, in the event the holder of a licence or permit is no longer entitled to use the premises for that purpose, the Police Commissioner may revoke the licence or permit. A paintball range maybe either indoors or outdoors and it is a condition of the licence or permit that the operator must not alter the range without first obtaining written approval from the Police Commissioner. All paintball firearms used at the range and in the possession of the operator must be registered. There will be not private individual ownership of paintball firearms in the Northern Territory. To be entitled to play paintball, the person must be 18 years of age or older and cannot be a prohibited person. Before starting to play, the person must make a player declaration that they are not a prohibited person. They must also provide the operator with photographic identification. If the operator is satisfied that the person appears to be the person shown on the photo identification, then the operator will endorse the player declaration and allow the person to play paintball. As you would expect, there will be a range of offences for non-compliance with the statutory scheme for paintball. By virtue of the nature of the activity, penalties will be significant and a finding of guilt will result in the Police Commissioner revoking the operator’s licence or permit. Madam Speaker, I am pleased to introduce this bill as it represents a productive outcome for stakeholder groups who wish to participate in the game, but only under the strict legislative guidelines which are generally in line with those of other jurisdictions. To ensure that paintball is played without risk of injury, as the government intends, the Police Commissioner must review the operation of the game after three years of commencing the operation of the act and provide me with a report of review. A copy of the report will be tabled in the Legislative Assembly. I also commit to ensuring that there will be an interim review of the act after 12 months. Madam Speaker, I commend the bill to honourable members. Debate adjourned. |