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FIREARMS AMENDMENT REGULATION 2009 (NO 1) (NO 13 OF 2009)
2009
LEGISLATIVE
ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
FIREARMS AMENDMENT REGULATION 2009
(No 1)
Subordinate Law No SL2009-13
EXPLANATORY STATEMENT
Circulated by authority of
Simon Corbell MLA
Minister for
Police and Emergency Services
Overview
The Firearms Act 1996 (the Act) sets out the
licensing and enforcement regime for firearms in the ACT. Schedule 2, Part 2.2
lists persons exempt from the Act.
Part 2.2 lists several classes of
people as exempt. These include members of:
• State and Territory
police;
• Defence Forces; and,
• Australian Army Cadets.
The Australian Federal Police Act 1979 (Cth), section 8 sets out
the functions of the Australian Federal Police (AFP). Among its other
functions, section 8 (1) (bf) provides that the AFP’s functions include
the provision of police services and police support services for the purposes of
assisting, or cooperating with an Australian or foreign: law enforcement agency;
intelligence or security agency; or government regulatory agency.
From
time to time, the AFP train police officers from foreign law enforcement
agencies. Previously, these officers have been sworn under the Australian
Federal Police Act and in the process have been covered by the existing
exemption in the Act. The AFP has decided to discontinue this
practice.
As a result, this amendment creates a new class of individual
exempt from the Act — a member of a police service or force of a foreign
country. This exemption will be limited to those foreign members in the ACT who
use a firearm when participating in a training activity conducted by the
Australian Federal Police. This amendment relies on the regulation making power
in the Firearms Act 1996, section 272 (2) (r).
This amendment to
the Firearms Regulation is a temporary remedy that addresses the immediate need
to exempt officers due to arrive in the ACT in the near future. The
Firearms Act, schedule 2.2 will be amended via the next Justice and Community
Safety
Bill.
Clause 1 Name of regulation
This clause states that the name
of the Regulation is the Firearms Amendment Regulation 2009 (No 1).
This clause states that the Regulation commences on the day after its
notification day.
Clause 3 Legislation Amended
This clause
states that this Regulation amends the Firearms Regulation
2008.
Clause 4 New section 73A
This clause inserts a new
section in the Firearms Regulation. Section 73A People exempt from the Act
relies on the regulation making power in the Firearms Act 1996, section
272 (2) (r).
The effect of this clause is that members of a police
service or force of a foreign country will be exempt from the operation of the
Firearms Act in certain circumstance. The exemption applies to foreign police
members where they are in possession of a firearm while taking part in a
training activity conducted by the Australian Federal Police.