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Legislative Assembly for the ACT: 1996 Week 5 Hansard (14 May) . . Page.. 1226 ..


MR HUMPHRIES (continuing):

duplicates those rifles in design, function or appearance, non-military style self-loading centre-fire rifles with either an integral or detachable magazine, self-loading shotguns with either an integral or detachable magazine, and pump-action shotguns with a capacity of more than five rounds, self-loading rim-fire rifles with a magazine capacity greater than 10 rounds; and finally, category H, restricted, which is all handguns, including air pistols.

I am also heartened to convey the Commonwealth's intention to repeal the Australian Rifle Club Regulations, which currently provide immunity to military rifle club members from State and Territory legislation. This move will ensure that all shooters in Australia must comply with the relevant standards of their jurisdiction, especially in respect of licensing and registration. It will ensure that such exemptions cannot be used to facilitate the mail order purchase of firearms and ammunition effectively banned in a person's State or Territory of residence.

The fifth issue is training as a prerequisite for licensing. All jurisdictions will require the completion of an accredited course in safety training for firearms for all first-time licence applicants. This course will be accredited by the Australian National Training Authority, be comprehensive and standard across Australia, and be outlined in a Firearms Safety Code to emphasise both safety and storage issues. The Commonwealth will chair a working party consisting of firearms interest groups to develop an accredited training course.

The sixth issue is the grounds for refusal or cancellation of licences or seizure of firearms. All jurisdictions will be required to implement a uniform standard of circumstances in which licences may be cancelled or refused. Those standards shall be, at a minimum, as far as general reasons are concerned: Not being of good character; having a conviction for an offence involving violence over a period of not less that five years - in the ACT's case, it is already eight years, and will remain so; contravention of a firearms law; no longer having a genuine reason; failure to notify change of address; and licences being obtained by deception. Specific reasons include where an applicant has been the subject of an apprehended violence order, domestic violence order, restraining order or conviction for assault with a weapon. The third category - mental or physical fitness - is reliable evidence of a mental or physical condition which would render the applicant unsuitable for owning, possessing or using a firearm. Decisions will be subject to appeal, as is appropriate for any decision made by a public servant. To develop specific criteria for the three categories for refusal or cancellation of a licence or seizure of weapons, all governments will establish a working party, to include health officials, police and the medical profession.

The seventh issue is a permit to acquire a firearm. A separate permit will be required to obtain each and every firearm. The permits will be subject to a cooling-off period of at least 28 days for each firearm purchased, so that checks can be made on the applicant's need for a firearm.

The eighth issue is a uniform standard for the storage and security of firearms. Governments have also decided that all firearms and ammunition need to be stored in secure conditions. Conditions must be met upon application and renewal that the proposed storage and security arrangements be satisfactory. It will be an offence to fail to store firearms in the manner required, and it will lead to the cancellation of a licence


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