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Legislative Assembly for the ACT: 1997 Week 4 Hansard (6 May) . . Page.. 970 ..

is that this decision may lead to numerous claims for additional compensation, both from within the ACT and from other jurisdictions which are paying compensation in accordance with the schedule of nationally agreed values. The Government, therefore, decided to give legislative force to the schedule by way of amendments to the Firearms Act 1996, which was passed in December last year and will soon commence. The amendments will also remove any doubt that all compensation payments made under the Weapons Act 1991 were validly made in accordance with the nationally agreed schedule. The Weapons Act will be repealed on commencement of the Firearms Act.

Mr Speaker, the amendments will provide for the following: All compensation payments for prohibited firearms surrendered during the amnesty period will be made in accordance with the schedule of nationally agreed values. If a surrendered firearm is not listed on the schedule, is listed but has significant modifications, or is worth more than $2,500, payment of compensation will be determined by the chief executive of the Attorney-General's Department based on valuations provided by the Government's independent firearms valuer. Finally, Mr Speaker, I have extended the amnesty period for the surrender of prohibited firearms and the payment of compensation from 17 May to 30 September 1997. This is consistent with the cessation date for the national buyback scheme which is operating through Australia, with the exception of South Australia which ceased its buyback in December.

As members will recall, I announced on 14 April, following the Magistrates Court decision, that the Government would be taking these steps to validate the compensation scheme. As there was no intention to disadvantage any firearm owner who may have acted to claim additional compensation prior to that announcement, the amendments also allow for any such claims to be determined by the court.

Members will also be aware of some interest in this matter from shooters groups and, in particular, the Sporting Shooters Association of Australia. Media reports have indicated that the association may challenge the constitutional validity of the Territory's proposed course of action. Any such challenge would be on the basis of the "just terms" compensation provision in the Australian Capital Territory (Self-Government) Act whereby the Legislative Assembly is excluded from making laws with respect to the acquisition of property otherwise than on just terms. Mr Speaker, my legal advice provided by the ACT Government Solicitor confirms that the "just terms" compensation provision in the self-government Act does not apply to surrendered firearms.

As I stated earlier, if the remedial action provided for by these amendments is not taken, the Territory will be exposed to the possibility of numerous claims for additional compensation both from within the ACT and from other jurisdictions. The Commonwealth's position is that reimbursement to States and Territories for compensation payments for surrendered prohibited firearms will be only on the basis of the schedule of nationally agreed values. The Territory could, therefore, without remedial action, be faced with meeting the cost of the additional amounts of compensation and any associated legal costs. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood) adjourned.

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