Page 792 - Week 03 - Tuesday, 12 March 1991
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To this end, Mr Speaker, the Government last year effected amendments to the Domestic Violence Act 1986 and the Magistrates Court Act 1930 to empower a magistrate, when granting a protection or restraining order or an interim order, to order the seizure and detention of any firearm in the respondent's possession. With the making of the Weapons Bill and the proposed amendment to the Crimes Act 1900 of New South Wales, which is included in the associated Weapons (Consequential Amendments) Bill 1991, together with amendments to the Domestic Violence Act 1986, which I mentioned earlier, the ACT has a package of legislation to assist in the protection of spouses and children which is extensive in its scope. This Government must ensure that the appropriate funds are available to enforce the legislation to its fullest.
Mr Speaker, the effect of that package is that if a person has, within eight years, had a protection order made against him or her either in the ACT or elsewhere, or is currently subject to an interim protection order, that person may, at the discretion of the registrar, having regard to all the circumstances, be denied a firearms licence. If such a person is presently subject to a protection order, the application for the licence will be refused. Where a person is already licensed and a protection order is made against him or her, the person's firearm licence is cancelled unless the court decides otherwise, and the court can order the seizure of that person's firearms. Likewise, in the case of an interim protection order being made against a licensee, the court may suspend the firearms licence or order seizure of the firearm.
Under the proposed amendments to the Crimes Act 1900 of New South Wales, a police officer can seize a firearm when he or she is on premises and considers that the seizure is necessary to protect life. All of these provisions, when considered together, facilitate the removal of a firearm from persons who, in the absence of that removal, have the capacity to inflict actual harm or to threaten harm to others.
Mr Speaker, may I point out, as did Mr Connolly, that, in all the examples I have given, if the respondent is not satisfied with the decision made against the granting of a licence, then he or she can appeal to the Administrative Appeals Tribunal. In summary, this Bill will fill a longstanding need for modern controls on the possession and use of firearms and it deserves the support of all members. It provides for strict controls, as recommended by the National Committee on Violence, but controls which are fair and have regard for the important nature of the legislation.
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