Page 2748 - Week 07 - Thursday, 3 July 2008
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We certainly support the bill. We will be supporting the bulk of the provisions, and we seek the Assembly’s support for some amendments. I note the attorney has a couple of amendments which are very similar to ours, which is good. I will speak about those in the detail stage.
Primarily, this bill is to implement the national firearms trafficking policy agreement as it relates to the ACT and also to implement the recommendations of the review of the firearms law undertaken by the Firearms Consultative Committee and JACS. The definition of “firearm” has been redrafted and simplified, and it includes paintball markers. I am pleased to see that. I think that is logical, and it is something on which I have been lobbying, to an extent. There are various ways you could do it, but I think the way that it has been done is the tidiest way. They were previously classed as prohibited firearms. The definition of “prohibited firearm” has been redrafted and simplified, and it now includes prohibited pistols, which previously had their own definition. The prohibited firearms schedule now can be amended by regulation.
There is a new definition of “acquire” to enable the tracking of firearms between owners. There are a range of exemptions enabling temporary possession, including when an unlicensed person uses a paintball marker, which is a paintball gun, at an approved paintball range. Similarly, there is a new definition of “dispose”. There is a new definition of “possession” which has to be read in conjunction with “proof of possession”. Provisions are made for certain defence elements.
A new section has been drafted for the regulation of the paintball industry. That was previously covered in the Firearms Regulation 1997. It enables adults to possess and use paintball markers at an approved paintball range. Now, with the amendments of both the attorney and me, that will include people aged 16 and 17, which brings us into line with every other state. I think that is sensible. It would be overly restrictive if the ACT only allowed this for adults. It would put us at a competitive disadvantage with New South Wales, especially as there are some paintball ranges very close to the ACT.
There are new, considerably tighter licence suitability provisions which extend to “close associates”. That is part of the NFTPA and, according to the explanatory statement, it is in response to the Australian Institute of Criminology’s views that the ACT’s provisions are inadequate. We will see how that pans out. It does not seem to have caused a huge problem in terms of legitimate owners, but we will see how that goes.
The bill omits partnerships which are not regarded as entities from holding licenses. There is only one partnership licence holder in the ACT, and there are transitional provisions to deal with that. The bill broadens the ability of the registrar to decide whether an item is a prohibited firearm by providing that an item that behaves like a firearm can be regulated or seized.
Licensing provisions have been streamlined to eliminate permits, except for permits to acquire, so that only licences will be issued. There are four categories: adults, minors, composite entities and temporary international. The new provisions impose tighter and more restricted conditions on minors licences. That will be the subject of another
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