ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
FIREARMS (COMPENSATION) REGULATIONS 2003 (NO 28 OF 2003)
2003
THE LEGISLATIVE ASSEMBLY
FOR
THE AUSTRALIAN CAPITAL
TERRITORY
FIREARMS
(COMPENSATION) REGULATIONS 2003
EXPLANATORY
STATEMENT
SL2003-28
Circulated
by the authority of
Bill Wood MLA
Minister for Police
and Emergency Services
The Firearms (Prohibited Pistols) Amendment Act 2003, which commenced
on
1 July 2003, amends the Firearms Act 1996 (the principal Act) and
the Firearms Regulations 1997 (the Firearms Regulations) made under that Act, to
give effect to resolutions of the Australasian Police Ministers’ Council
(APMC), which were endorsed by the Council of Australian Governments (COAG), to
place greater restrictions on access to certain types of pistols.
The
Firearms (Compensation) Regulations 2003 (the Regulations) modify Part 12
(Transitional provisions) of the principal Act so as to clarify the provisions
relating to compensation for surrendered prohibited pistols and related parts
and accessories. These provisions have been adopted by all jurisdictions and
are derived from the Intergovernmental Agreement Concerning the Accountability
and Administrative Procedures for the Handgun Buyback (IGA) which was signed by
the Chief Minister, Jon Stanhope MLA on 28 July 2003.
The Regulations
also amend the Firearms Regulations to provide a definition of pre-percussion
pistol, consistent with that contained in the NSW Firearms Amendment
(Prohibited Pistols) Act 2003 and to declare a pre-percussion pistol not to
be a firearm for the purposes of the principal Act. This definition is relevant
to collectors of historic firearms who are now required to register all
percussion firearms (which are now deemed to be firearms for the purposes of the
principal Act).
Clauses 1, 2, 3 and 4 are formal clauses which,
respectively:
• state the name of the amending
Regulations;
• provide for the commencement of the amending Regulations
on the day after their notification day;
• explain that part 2 of the
amending Regulations applies to pistols, and parts and accessories, for which a
person is entitled to compensation; and
• provide for the amending
Regulations to expire on 1 July 2004.
Clause 6 amends section 129 of the principal Act by inserting new
definitions relating to the payment of compensation as
follows:
accessory does not include a cap, jacket, carry bag, glove,
safety glasses or a similar item ie items which are not specific to prohibited
pistols.
amnesty period is from 1 July 2003 to 31 December
2003.
major part for a pistol includes a slide, barrel, revolving
chamber, trigger assembly, frame and magazine.
National Valuation List
is the nationally agreed list of values for pistols and parts and accessories,
as amended from time to time and available on the national handgun buyback
website.
valuation list is the National Valuation
List.
valuation panel is specified in section 140 and is the panel
established to value surrendered prohibited pistols and associated parts and
accessories.
Clause 7 – Section 135(2) Compensation for surrendered prohibited
pistols-licensed pistol shooters
Clause 7 specifies that
compensation for surrendered prohibited pistols will be in accordance with the
National Valuation List, as defined in Clause 6 above, or, if the list does not
apply to a particular pistol, in accordance with the amount assessed by the
valuation panel. A person may also request that, even if the list does apply to
a pistol, the pistol is valued by the valuation panel, and compensation will be
paid in accordance with that valuation.
Clause 8 - Section 135A
Compensation for surrendered accessories and major parts-licensed pistol
shooters
This a new section which defines ‘related item’
as the major parts and accessories for prohibited pistols and provides for the
payment of compensation for related items in accordance with the National
Valuation List or with the amount assessed by the valuation panel.
This clause modifies section 136 to clarify the payment of compensation to
firearm dealers for prohibited pistols, provided these pistols were acquired or
ordered before 20 December 2002. Imported pistols will be compensated at 20% of
the customs value and other pistols in accordance with the National Valuation
List or with the amount assessed by the valuation panel.
This a new section which defines ‘related items’ as the major
parts and accessories for prohibited pistols and provides for the payment of
compensation to firearm dealers for related items in accordance with the
National Valuation List or with the amount assessed by the valuation panel.
Clause 10 – omits section 137(2) which provides for compensation to be paid to a sporting shooter who cannot comply with the new handgun regulations and surrenders all registered pistols and exits the sport for a minimum of five years. This is replaced by sections 137A and 137B as explained below.
Clause 11 inserts new sections 137A and 137B which provide for
compensation to be paid, for pistols and for major parts and accessories
respectively, to licensed pistol shooters who withdraw from pistol shooting in
accordance with section 137 ie for a minimum of five years. Compensation will
be paid in accordance with the National Valuation List or with the amount
assessed by the valuation panel.
Clause 12 - Section 138(2)
Compensation for surrendered post-1946 pistols – licensed collectors not
authorised to possess pistols
Clause 12 amends section 138(2) and
inserts a new section 138(2A) which provide that compensation will be paid for a
post-1946 pistol in accordance with the National Valuation List or with the
amount assessed by the valuation panel. The Firearms (Prohibited Pistols)
Amendment Act 2003, in the table at section 23(4) which sets out the genuine
reasons for having a firearms licence, specifies additional requirements for
collectors who possess post-1946 pistols such that they may no longer be able to
comply with the principal Act and must surrender such pistols.
Clause
13 omits section 139 of the principal Act which specifies that the
regulations must provide for the payment of compensation for surrendered parts
and accessories. This requirement is addressed in new sections 135A, 136A and
137B as described above.
Clause 14 – Section 140 Valuation panel
Clause 14
substitutes a new section 140 which provides for the establishment of a
valuation panel to undertake valuations of surrendered prohibited pistols and
associated parts and accessories for the purposes of sections 135, 135A, 136,
136A, 137, 137A, 137B and 138 as described above.
The ACT valuation panel
is consistent with that established in NSW and comprises four NSW firearm
dealers, a police officer from the AFP Firearms Registry and a police officer
experienced in firearms ballistics. The minimum required for a
meeting/valuation session is one firearm dealer and one police
officer.
The valuation panel, as described above, assesses the value of
surrendered pistols which are not included on the national valuation list or for
which the owner has requested a separate valuation.
Clause 15
explains that Part 3 amends the Firearms Regulations 1997.
Regulation 4 will now specify that a pre-percussion pistol, and a firearm
other than a percussion pistol manufactured before 1900 for which ammunition is
not readily commercially available, are not firearms for the purposes of the
principal Act.