Northern Territory Second Reading Speeches

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FIREARMS AMENDMENT BILL (NO. 2) 2003


FIREARMS AMENDMENT BILL (No 2)
(Serial 194)

Bill presented and read a first time.

Mr HENDERSON (Business, Industry and Resource Development): Madam Speaker, I move that the bill be now read a second time.

As honourable members will recall, amendments to the Firearms Act were passed on 19 June this year. These amendments were intended to complement and complete the government’s reform package in relation to the possession, use and storage of firearms, and will greatly assist in the administration of the act. The majority of these amendments involve minor administrative changes. Some, however, involve a change of direction significant enough to warrant special comment.

Firstly, however, there are two particular amendments which I would like to raise. These amendments clarify amendments which were made in the earlier bill. The first of these relates to the unintended effect of requiring a person to obtain a permit to attend an open day at a firearms club, and shoot a category H firearm under supervision. A category H firearm is, as honourable members will recall, a hand gun or an air pistol. This was impracticable and unworkable, both for the firearms club and for the administrative workability. This government has no intention of curbing a firearms club from attracting new members. Therefore, where a firearms club wishes to hold an open day, the club, as opposed to the visitor attending, will be required to obtain the relevant permit. This permit will cater for any visitor attending the open day at the club.

The second amendment clarifies that the restriction of possession of firearms manufactured after 31 December 1947 by the holder of the firearms collectors licence, who is also a student of arms under section 35C(2) is to be limited to category H firearms only. As the provision was previously worded, the collector was unable to possess any category of firearm.

I now turn to the specific provisions under the bill. To complete the government’s reform obligations under the Australian Police Ministers Council, National Firearms Traffic and Policy Agreement, offences of trafficking in firearms have been inserted into the act. The penalties for the offences are significant. The person will be taken to be trafficking in firearms if the person sells a firearm in contravention of the amended sale procedures on three or more occasions over a 30-day period. Where a firearm sold in at least one of the contraventions was a prohibited firearm, the penalty is to be aggravated to a term of imprisonment of 15 years. Where, however, each sale involved a prohibited firearm, the penalty is imprisonment for 20 years. As I mentioned, it is proposed to insert new procedures for the selling of a firearm.

It will also include offences for the purchase of a firearm. Essentially, where a sale or a purchase is to occur, it must be arranged through the holder of a firearms dealers licence, or be witnessed by a member of the police force. In addition, the seller is to, firstly, sight the person’s licence or permits; secondly, complete the particulars of the sale on the permit authorising the purchase; and lastly, return the permit to the commissioner within seven days of the sale. It is an offence not to comply with each of these procedures.

The bill contains a provision relating to procedures to do with selling ammunition. In recent days, police discussions with firearms council representatives have identified some workability issues to do with this measure. Consistent with this government’s approach of working cooperatively with the shooting interests, and taking on board the issues that are raised, I have asked police to work through these matters and put to government suggestions that will address the issues that have been identified. On that basis, I foreshadow that I will be proposing committee stage amendments to deal with this measure, during consideration of this bill in the February sittings. Any such amendment will be made available before the matter comes on for debate, through the usual channels and, if requested, the briefing can be facilitated.

The next APMC amendment concerns the offence of, amongst other things, conspiring, aiding or soliciting with a person in the Territory to commit an offence in a place outside of the Territory, in circumstances which correspond to the provision under the act. For example, where a person conspires with another person in the Territory to commit an offence under a law in New South Wales, and a similar offence exists in the act and the offence is carried out in New South Wales, the person is deemed to have committed the offence in the Territory and is liable to the same penalty as if the offence was carried out in the Territory.

I would now like to turn to the remainder of the proposed amendments to the Firearms Act. The first amendments adopts the recommendations of Chief Magistrate Bradley to review the appeal procedures against any decision or action of the commissioner. As the act currently stands, the appeal procedures are unclear and uncertain. It is proposed to clarify the appeal process and allow the chairperson who is a magistrate, to determine questions of law or procedure without the need to convene a tribunal. This is intended to save time and costs, for both parties, and other members of the tribunal. Procedures relating to amongst others, witnesses, rules of evidence, an extension period for the lodgment of notices of appeal, and costs, are also included. Finally, an appeal to the Supreme Court on a question of law is inserted.

Other proposed amendments will remove a number of anomalies under the acts and I will now briefly discuss them.

The first includes clarifying that the grant of a licence is not a renewal of the person’s licence. It results from the fresh application. This amendment was considered necessary because it was never intended that a licence or permit holder would have a legitimate expectation that his or her licence or permit would be renewed. It is a new application. Where the commissioner refuses to grant a new licence, permit or certificate, the person must deliver up any firearms to which the licence, permit or certificate relates within the period specified in the notice. This includes any ammunition relating to the firearm.

The next amendment clarifies that a certain extract or copy of entry in the register kept by the commissioner is to be received by a court as evidence of the particulars contained in the entry without the need to produce the register. In addition, a certificate signed by the commissioner is to be taken by a court to a prima facie evidence of the matter stated in the certificate and of the facts on which they are based.

The third amendment clarifies that the holder of the firearms corporate licence is not to permit a person to possess or use a firearm under the corporate licence unless the person is the holder of a firearms employee licence or a firearms instructor licence. The penalty for the offence remains unamended. If the commissioner or a court suspends or revokes an employee’s or an instructor’s licence, the commissioner must inform the holder of the corporate licence of the fact. Without this provision, the holder of the corporate licence would not be in the position of being able to be informed of the employee’s or the instructor’s suspension or revocation of its licence and would therefore inadvertently be in breach of the act.

Madam Speaker, with the introduction of the automatic revocation of a person’s licence or permit for various offences under the act, including serious offences under the Criminal Code and the Misuse of Drugs Act, the commissioner has ended up providing de facto storage facilities for a number of surrendered or seized firearms. This has caused administrative and security difficulties. Where a firearm is unable to be returned to a firearms owner because his or her licence or permit has been suspended or revoked, it is proposed to give the commissioner the power to serve a notice on the person directing that he or she sell or dispose of the firearm. On the other hand, where the commissioner is holding a person’s firearm and there is no legal requirement for him to do so, the commissioner may serve a notice on the person directing the person to take possession of a firearm. If after 28 days or such other period which the commissioner specifies, the person fails to comply with the direction, the firearm is deemed to be unclaimed property for the purposes of section 166 of the Police Administration Act and maybe sold or otherwise disposed of. In addition, the commissioner will be able to charge fees for the storage of any firearms.

Other minor consequential amendments have been made to the act and regulations and provide a much fairer and easily administered Firearms Act for all Territorians. A balance needs to be drawn between firearms ownership and control and the threat that firearms can pose to the community in general. The government feels that these amendments strikes that balance and provides a fairer system for those Territorians who possess and use firearms.

Finally, I would like to again recognise the support and assistance given by the Northern Territory Shooters Council, now the Northern Territory Firearms Council, in putting these amendments together. Madam Speaker, I commend the bill to honourable members.

Debate adjourned.

 

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