Page 1122 - Week 04 - Tuesday, 28 March 2017
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while the parole order was in force. This brings the section into line with related provisions in the act. It also gives effect to the government’s commitment to implement recommendation 39 of the 2015 inquiry into sentencing. The inquiry was conducted by the Standing Committee on Justice and Community Safety.
Finally, the bill includes some common-sense regulatory changes. The bill makes three straightforward amendments to firearms legislation to improve even further the ACT’s robust gun control scheme. Firstly, the bill provides that firearms seized or surrendered under any territory law can be disposed of according to a court order under section 262 of the Firearms Act 1996. Currently, such a court order can only be made where firearms are seized or surrendered under the Firearms Act. This means that a technicality can arguably currently prevent the disposal of firearms that have been seized pursuant to a criminal case.
Secondly, the bill introduces a clarification to prevent an unintended outcome for firearms owners. For obvious reasons, the Firearms Act does not allow firearms owners to possess firearms while under the influence of alcohol or other drugs. However, the law was never intended to stop firearms owners having a glass of wine with dinner while their firearms are locked safely away in a safe. The amendments in this bill therefore clarify that “possession” means physical possession or use of a firearm. It does not mean, for the purposes of this crime, “possession by safely storing a firearm at home”. This is a common-sense clarification to the law that will avoid silly outcomes without compromising public safety.
Thirdly, the bill clarifies that firearms dealers can test a firearm on property other than their registered premises.
I thank you, Mr Assistant Speaker, for the way that you have outlined the provisions in this bill. I simply wish to reaffirm that, like other changes to firearms regulations in this bill, there is no compromise to public safety in this amendment.
As a package, this bill represents an approach of ongoing improvement. The government is always open to suggestions of ways in which legislation can better serve the community, and in this bill we have a series of common-sense improvements to the criminal justice system. The police who investigate crimes, the courts that are responsible for imposing criminal sentences and businesses in our community will all be better off as a result of the changes we are considering today. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
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