Northern Territory Explanatory Statements

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FIREARMS AND WEAPONS CONTROL LEGISLATION AMENDMENT BILL 2016

This Bill delivers on a government commitment under the Framing the Future Blueprint objectives including, improving business productivity, build a safe, secure and resilient Northern Territory (NT) and strengthen government service delivery. This Submission also aligns with the NT Government’s commitment to the Red Tape Reduction Strategy.

The extension of firearm licences and prohibited weapon licences will see licence durations increase from one or three years to five years; or from five years to 10 years. This will reduce the number of times Territorians are required to undertake licence applications with a corresponding reduction in the processing of licences by the NT Police Force.

Providing exemptions for law enforcement officers for possession and co-location of ammunition with firearms provides clarity in the legislation.

Renaming of the Australian Customs Service that is the Australian Customs and Border Protection Service to the Department of Immigration and Border Protection provides legislative coverage for that agency and its employees.

NOTES ON CLAUSES

Part 1 Preliminary matters

Clause 1 Short Title

This is a formal clause which provides for the citation of the Bill. The Bill when passed may be cited as the Firearms and Weapons Control Legislation Amendment Act 2016 (the Act).

Clause 2 Commencement

This is a formal clause which establishes when the Act will commence. The Act will commence on the date fixed by the Administrator by Gazette notice.

Part 2 Amendment of the Firearms Act

Clause 3 Act amended

This is a formal clause that provides for the Act to amend the Firearms Act.

Clause 4 Section 4 amended

This clause:

(a) omits all of s 4(4)(d) ‘a member of the Australian Customs Service’ and replaces it with ‘(d) an officer of Customs as defined in section 4 of the Customs Act 1901 (Cth)’ – this allows for the current name change, and any future changes; and

(b) inserts s 4(4A) relating to possession of ammunition which states ‘Section 69 does not apply to a person specified in subsection (4) in respect of the person’s possession of ammunition in the course of the person’s duty as an officer or member.’

This clause:

(a) amends ss 14(1)(a)(i), (e) (licences for which a licence is granted for five years) by omitting five and inserting 10 –
this changes the length of the licence period from five to 10 years;

(b) amends ss 14(1)(a)(ii), (f) (licences for which a licence is granted for three years) by omitting three and inserting five –
this changes the length of the licence period from three to five years;

(c) amends ss 14(1)(a)(iii)–(iv), (c)–(d), (g) (licences for which a licence is granted for one year) by omitting one and inserting five – this changes the length of the licence period from one to five years; and

(d) amends ss 14(1)(h)–(i) (licences for which a licence is granted for one year) by omitting one and inserting five – this changes the length of the licence period from one to five years.

Clause 6 Act amended

This is a formal clause that provides for the Act to amend the Weapons Control Act.

Clause 7 Section 12 amended

This clause omits all of s 12(1)(d) ‘a member of the Australian Customs Service’ and replaces it with ‘(d) an officer of Customs as defined in section 4 of the Customs Act 1901 (Cth)’.

This allows for the current name change, and any future changes.

Clause 8 Section 14 amended

This clause amends s 14(2) (period of a prohibited weapons licence)
by omitting ‘specified period or indefinitely’ and inserting ‘period not exceeding 10 years’. This change alters the licence period to not more than 10 years.

Part 4 Amendment of the Firearms Regulations

Clause 9 Regulations amended

This is a formal clause that provides for the Act to amend the Firearms Regulations.

Clause 10 Regulation 21 amended

This clause is in relation to storage of Category A and B firearms and the storage of ammunition for those categories. The clause:

(a) inserts a ‘(1)’ at the start of the existing regulation to allow for a subregulation ‘(2)’; and

(b) inserts a new subregulation which provides exemptions for police officers and similar for possession and co-location of ammunition, sub-reg (2) states ‘Subregulation (1)(c) does not apply in relation to the storage of ammunition by a person excluded under section 4(4A) of the Act from the application of section 69 of the Act.’

This clause is in relation to storage of Category C, D and H firearms and the storage of ammunition for those categories. The clause:

(a) inserts a ‘(1)’ at the start of the existing regulation to allow for a subregulation ‘(2)’; and

(b) inserts a new subregulation which provides exemptions for police officers and similar for possession and co-location of ammunition, sub-reg (2) states ‘Subregulation (1)(c) does not apply in relation to the storage of ammunition by a person excluded under section 4(4A) of the Act from the application of section 69 of the Act.’.

Clause 12 Regulations amended

This is a formal clause that provides for the Act to amend the Weapons Control Regulations.

Clause 13 Schedule 3 amended

This clause omits the schedule of fees for the Weapons Control Act and inserts new values.

The current costs and those proposed by the Act are:

Part 5 Expiry of Act

Clause 14 Expiry of Act

This clause is a formal clause that notes the Act expires on the day after it commences.

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