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Legislative Assembly for the ACT: 1996 Week 9 Hansard (29 August) . . Page.. 2771 ..

MR HUMPHRIES (continuing):

New South Wales and Tasmania, which do not have registers. There will, however, be some modifications required to the ACT register to facilitate its linking to NEPI. This part of the Bill also requires that a licence for a firearm be endorsed with the type of firearm for which the holder has a permit.

Part V of the Bill sets conditions for the safekeeping of firearms. In particular, it creates an offence of failing to take all reasonable precautions to ensure a firearm is kept safely. It sets particular conditions on category A and B licences, which is consistent with the resolutions of the APMC. In addition, Police Ministers decided it was appropriate to require tougher security provisions for category C, D and H firearms. Those provisions are reflected in the Bill. Part VI of the Bill sets conditions on firearms dealers. They need to be licensed as dealers and they must record transactions. While as a rule this Government does not desire putting extra conditions on businesses, there is a need to ensure that firearms dealers are subject to the conditions we expect of their customers and subject to some mandatory reporting requirements. In addition, large quantities of stock, security of that stock and transferring it are significant safety concerns. While we recognise that there will be some loss of business as a result of the ban on semiautomatic weapons and pump-action shotguns, there is some compensation in that all firearms sold, whether by dealers or owners, must be processed through dealers.

Part VII of the Bill deals with powers of entry, search and seizure by police officers and the power of a police officer to give directions and obtain warrants. It is appropriate, in a market where the goods are particularly regulated because of a significant public safety issue, that police be given adequate but fair powers of enforcement. Part VIII deals with miscellaneous offences, and once again goes directly to the issue of having adequate enforcement powers to protect the wider community. The penalties are tough but appropriate for the seriousness with which the Government and community view firearms offences. It is essential, therefore, that firearms owners in the wider community understand that dealing with firearms involves a high level of trust and responsibility.

Part IX deals with prohibition orders which the registrar may make upon a person owning or using a firearm. Significantly, clause 110 allows the registrar to make an order prohibiting a person from possessing a firearm or using it if, in the opinion of the registrar, the person is not fit, in the public interest, to do so. In addition to this power, the registrar may use powers conferred upon him or her in clause 20 of the Bill with respect to the fit and proper person test involving the granting of licences. Part X of the Bill gives the right for application to be made to the Administrative Appeals Tribunal for a review of decisions made by the registrar in particular circumstances where the registrar makes a decision on an application. This is consistent with the Government's policy of enabling all decisions by public servants which impact on the community to be subject to independent merit review.

Part XI deals with miscellaneous provisions. In particular, clause 114 will enable a registered medical practitioner to inform the registrar of his or her opinion that a patient of that practitioner is an unsuitable person to possess a firearm because of the patient's medical condition or because the practitioner believes that the patient may present a danger to himself or herself or the wider community if the patient possesses that firearm.

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