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FIREARMS REGULATION 2008 (NO 55 OF 2008)
2008
LEGISLATIVE
ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
FIREARMS REGULATION 2008
SL2008-55
EXPLANATORY STATEMENT
Circulated by authority of
Simon Corbell MLA
Minister for
Police and Emergency Services
Overview
The Firearms Amendment Act 2008 (the Amendment
Act) was notified on 15 July 2008 and will commence on 15 January 2009. The
Amendment Act makes a series of changes to the Firearms Act 1996 (the
Act) to implement the resolutions contained in the National Firearms Trafficking
Policy Agreement, as they relate to the ACT. Amendments to the Act were also
informed by two reviews by the ACT Firearms Consultative Committee and the
Department of Justice and Community Safety.
The Firearms Regulation 2008
(the Regulation) includes a series of important regulatory responsibilities for
the ACT Firearms Registrar, licensees and permit holders. Changes to the
structure of key components of the Act have necessitated amendments to the
Regulation. These changes include the modernised licensing scheme and increased
regulation making powers for the licensing of entities to operate approved
shooting ranges and paintball ranges.
For the most part, amendments are
aimed at modernising the Regulation and to accord with the recent changes to the
Act. This explanatory statement highlights minor policy changes to existing
provisions and new regulations in areas where the previous Regulation was
silent.
The Act, section 272 provides that the Executive may make
regulations for the purposes of the Act. It also specifies those matters for
which the regulations may make provision. Section 272(3) allows the Executive
to prescribe offences for contraventions of the regulations. The penalties
associated with the offences are limited to 10 penalty units or
less.
Offences in the Regulation have been amended to conform to modern
drafting language. The offences are to deter firearms licensees (including
firearms dealers) and clubs from failing to comply with their licence
conditions.
Two offences in the Regulation have been made strict
liability offences. Strict liability applies where:
• a licensed
target pistol shooter fails to inform their club of a change to their name or
address (clause 10); and
• a category C licensee uses a licensed
prohibited firearm other than during a shooting competition and under the rules
of the Australian Clay Target Association (clause 14(2)).
In a
prosecution for these offences there is no requirement to prove a mental element
such as intention or recklessness. Strict liability is appropriate in these
instances as licensees are advised of their obligations by the ACT Firearms
Registry when they apply for their application. Furthermore, the offence is
concerned with the nature of the conduct rather than the state of mind of the
individual.
Clause 1 Name of regulation
This clause states that the name
of the Regulation is the Firearms Regulation 2008.
This clause states that the Regulation commences on the day the Firearms
Amendment Act 2008, section 4 commences. Concurrent commencement with the
Amendment Act will allow the licensing and registration schemes to operate
effectively.
This clause signposts the dictionary at the end of the Regulation. The
dictionary defines certain terms used in the Regulation.
New section 3 provides for a ‘notes’ section that is explanatory,
and not part of the Regulation. Clauses 3 and 4 are standard for a dictionary
and notes.
This section applies the Criminal Code 2002 and the Legislation Act
2001 to offences in this Regulation.
The definition of 'firearm' in section 6 (2)(a) makes provision for the
Regulations to declare items not to be firearms. This clause includes a number
of items normally considered firearms that are not to be included in the
firearms regulatory regime.
All items previously in this clause remain,
with one item added to the provision; a tool designed to discharge a nail, spike
or other fastener into or through material by means of compressed air or carbon
dioxide (such as a nail gun).
This part sets out reporting obligations imposed on shooting and collectors
clubs. The effect of these provisions remains unchanged. Clubs perform
important roles with respect to the regulatory regime in that they report
members' continuing association and participation in club or shooting
activities. These reports form part of licensees’ conditions of licence
in that they support the licensees continuing genuine need to possess and use a
firearm of a particular category.
This clause defines 'target pistol shooter' for this part. This definition
was inserted in the Regulation by the Firearms (Prohibited Pistols) Amendment
Act 2003. A target pistol shooter is a person who holds a category H
licence for the genuine reason of sport or target shooting and is a member of a
shooting club or has applied for membership of such a club.
This clause (formerly section 31B of the Regulation) provides that for
approval of shooting clubs, certain conditions apply with respect to the way in
which members are admitted to the club. This clause makes a series of minor
amendments relating to conditions for applicants who are children.
The
conditions are:
• the shooting club can only admit a target pistol
shooter, as a member, if the person has provided a statement about their
criminal history;
• for an applicant who is an adult, two character
references and details;
• for an applicant who is a child, a statement
from a responsible person describing their relationship with the young person.
Under most circumstances, the responsible person will also be the person
supporting the child in their application for a minors firearms
licence.
• the details of any other approved shooting club of which the
person is a member;
• information about the pistols owned by the
person;
• the shooting club or a relevant office holder must notify the
Registrar, in relation to a target pistol shooter when the
person;
o fails to renew their membership, the person is leaving the
club or a when there is change to the member’s name or residential
address;
o has their membership cancelled or suspended, including
details of the reasons for such cancellation or suspension.
The
shooting club must provide an annual return to the Registrar, in respect of
target pistol shooters, setting out the name and address of such members, the
details of their participation in shooting competitions and details of pistols
known to be owned by the members. There is also an important obligation on the
relevant office holders of shooting clubs, in respect of target pistol shooters
that relates to perceived risk posed by members. The secretary or club
officer-holder must advise the Registrar if there are reasons for believing that
a member may pose a threat to the community or to himself or herself, if in
possession of a pistol.
Finally the shooting club must not permit a
person, whose licence authorising the use of a pistol has been cancelled or
suspended, to use such a pistol on the club’s premises or shooting range.
Clause 9 Shooting Clubs, power to request information from registrar
about target pistol shooters
This clause authorises the disclosure of
certain information, by the Registrar, to a relevant office holder of an
approved shooting club about an applicant for membership of the club. The
effect of this clause remains unchanged. The information which may be disclosed
is information about:
• the pistols owned by the applicant who is
an adult;
• any other approved club of which the person is a member;
• any other approved club which is known to have refused the person
membership in the preceding 5 years;
• any category H licence which
has been cancelled in the preceding 5 years;
• any application for a
category H licence which has been refused within the preceding 5 years;
and,
• the applicant’s criminal history so far as it is relevant
to the application.
Clause 10 Target pistol shooters to tell club
about change of name or address
This clause (formerly section 31D) makes
it an offence where a target pistol shooter fails to notify the club of which he
or she is a member of changes to the person’s name and residential
address. Two significant changes have been made to this
provision.
Firstly, the offence provision will now apply to children as,
with the changes in the Amendment Act, they will fall within the definition of a
licensed 'target pistol shooters'. A target pistol shooter who is a child must
tell the club about a change to their name or address within 28 days, rather
than 14 days for other target pistol shooters.
Secondly, an offence
against this clause will be a strict liability offence. This is appropriate
given the highly regulated scheme for handguns. Furthermore the question of
whether a person has informed the club or failed to inform the club can be
objectively assessed.
Target pistol shooters are held to a high level
of accountability given the potential degree of lethality of their sporting
equipment. All target pistol shooters should be conscious of their
responsibilities as licensees. The Registrar and the clubs themselves are
responsible for ensuring that licensees are provided information about these and
other responsibilities.
This clause makes the approval of a collectors club subject to the following
conditions:
• the club must advise the Registrar of the
cancellation or suspension of membership of a person who collects pistols,
including details of the reasons for such cancellation or suspension;
• the relevant office holders of an approved collectors’ club
must, in respect of members who collect pistols, advise the Registrar if there
are reasons for believing that such a member may not be a suitable person to be
in possession of a pistol.
The clause reproduces the discretionary criteria
set out in the Act for determining whether a person is suitable to hold a
firearms licence. This provides a guide to club office holders when they are
considering whether they are under an obligation to provide relevant information
to the Registrar.
This clause, originally inserted in 2003 (formerly section 8A) explains the
types of events for which a prohibited pistol may be used by the holder of a
category H licence. The term ‘prohibited pistol’ is defined in the
Act. The competition events for which such pistols may be used are those known
as “Metallic Silhouette” and “Single Action”.
Subsection (2) also provides that the holder of a category H licence may use a
registered prohibited pistol with a barrel length of less than 120mm in an
approved specialised target shooting competition. This provision is intended to
ensure that sporting shooters are not precluded from participating in certain
shooting events (including at least one Olympic event) which require the use of
pistols with very short barrels.
This clause, originally inserted in 1996 (formerly section 5) authorises the
possession and use of a prohibited firearms for the purpose of a shooting
competition. The circumstances covered by this clause remain
unchanged.
Clause 14 Category C licence, prohibited firearm not used
for shooting competition, offences
This clause, (formerly section 5)
requires that category C applicants must use their firearms for competitions
(including training).
The use of the prohibited firearm except in
accordance with the criteria set out in section is a strict liability offence.
Removing the mental element for this offence is appropriate as the use of
prohibited firearms must be strictly controlled. Licensees are aware of their
responsibilities with regard to appropriate use of this class of firearm.
The requirement that applicants continue to compete in a minimum of four
club competitions per year has been redrafted as a condition of licence rather
than an offence. The condition now appears in clause 20.
Part 4
Licensing — adult firearms
This clause sets out the information and documents that must be provided to
the Registrar when making application for a licence. This clause, (formerly
section 6) has been configured into table form. The new configuration allows
the registry and licensees to better discern the requirements for the various
licence categories.
This reformatting represents a major improvement to
the Regulation and should assist in simplifying firearms licensing. Aside from
minor drafting changes, the clause does not change the information and documents
that must accompany applications.
This clause prescribes the government department that has administrative
responsibility for the Pests Plants and Animals Act 2005. At the time of
making this Regulation the Administrative Arrangement 2008 (No 2) showed
the Department of Territory and Municipal Services as the responsible
Department.
This clause (formerly section 8) prescribes the evidence that an applicant,
who is a primary producer, must provide to support a 'special need' when making
a licence application. Along with pre-existing requirements, applicants will
need to provide evidence of the size of the properties involved. This
information is intended to assist the Registrar in determining whether it is
prudent to approve the application.
This clause prescribes the evidence that an applicant, who is seeking to rely
on the genuine reason of vertebrate pest animal control, must provide to support
a special need when making a licence application.
In accordance with Act, section 78 (1)(b) this clause provides for a licence
relying on certain genuine reasons. The adult firearms licence remains in force
for two years.
This clause requires that licensees holding category A, category B, category
C and Category H licensees where the genuine reason is either:
• sport
or target shooting;
• recreational hunting; or,
• vermin
control,
the licensee must ensure that the Registrar is provided with
evidence that the licensee is a financial and active member of the club. These
requirements remain unchanged.
Licensees who hold a category C licence
that authorises the person to possess and use a prohibited firearm must take
part in at least 4 clay target competitions organised by a club affiliated with
the Australian Clay Target Association in each 12-month period. Formerly
section 5, this condition has been redrafted as a condition of licence rather
than an offence.
This clause provides that category H firearms (for business) licensees must
satisfy the prescribed conditions that:
• the person pass a safe
handling examination and qualification shoot once each year; and
• each
six month period, provide a report to the Registrar outlining the number of
occasions the firearm was carried in connection with the business.
These
requirements are in place to ensure that persons who use firearms as part of
their business are highly competent in the use of the firearm and to ensure that
the use of the firearms is appropriately supervised. These requirements remain
unchanged.
This clause is a parallel provision to the previous clause, and applies to
employees. The condition serves to ensure that where a person is not able to
establish competence in the use of the firearm, the licensee has breached
conditions of licence and should be barred from possession of a category H
firearm.
This clause imposes additional obligations on collectors. This clause has
not been altered from the former Regulation (section 17).
This clause imposes additional obligations on heirloom licensees. Heirloom
licences are issued under section 68 where the firearm is an heirloom and is
permanently inoperable. Heirloom licensees may only display their firearm if
they have been authorised to do so. This clause has not been altered from the
former Regulation (section 18).
This clause requires that a dealer only operate their business from the
premises specified under the licence.
This clause provides that a club armourer is restricted to transactions
involving club members of the licensee's approved club or members of an approved
club visiting the licensee's club. It is also a condition of licence that the
licensee will not make a profit from those transactions.
This provision
reflects that whilst club armourers represent a subset of dealers whose
activities are more restricted that other firearms dealers, they nonetheless
perform a very important service for clubs, their members, and the firearms
community more generally.
Clause 27 Collectors licence conditions,
making firearms incapable of being fired
This clause requires that a
licensee remove the firing pin or bolt separately from the firearm or, where
this is not practicable, by the use of an appropriate trigger lock. This
condition (formerly section 9) remains unchanged.
This clause provides that a child must be 12 years of age or older in order
to be eligible for a minors firearms licence.
Division 6.1 Composite entity licences — general
Clause 29
Composite entity licences, stated information and documents required
This
clause sets out the information and documents that must be provided to the
Registrar when making application for a composite entity licence.
This clause (formerly section 8) prescribes the evidence that a composite
entity applicant, who is a primary producer, must provide to support a 'special
need' when making a licence application. Along with pre-existing requirements,
applicants will need to provide evidence of the size of the properties involved.
This information is intended to assist the Registrar in determining whether it
is prudent to approve the application.
Division 6.2 Composite entity
licences — conditions
This clause (formerly section 14) provides that a composite entity licensee
must tell the Registrar within 14 days where an employee who holds an employment
firearms licence, ceases employment with the composite entity.
This clause provides that category H firearms licensees (for business) must
satisfy the prescribed conditions that:
• The person pass a safe
handling examination and qualification shoot once each year;
• Each
six month period, provide a report to the Registrar outlining the number of
occasions the firearm was carried in connection with the
business;
• Persons authorised to possess a category H firearm must not
have more than one category H firearm in their possession at any one time.
These requirements are in place to ensure that persons who use firearms
as part of their business are highly competent in the use of the firearm and to
ensure that the use of the firearm is appropriately supervised.
This clause is a parallel provision to the previous clause, and applies to
employees. The condition serves to ensure that where a person is not able to
establish competence in the use of the firearm, the licensee has breached
conditions of licence and should be barred from possession of a category H
firearm.
This clause places conditions on international and interstate licensees to
ensure that they are only able to acquire authorised firearms. The licensee
must produce the permit to acquire on the request of a police
officer.
Part 8 Temporary recognition of other
licences
Clause 35 Temporary recognition of interstate licences, for
possession or use of a firearm
This clause prescribes purposes for which
the possession and use for which interstate licensees are authorised. The
effect of this provision remains unchanged.
Clause 36 Conditions of
temporary recognition of interstate licences
This clause prescribes the
conditions for possessing a firearm under a recognised interstate licence.
Licensees must comply with the safe storage of firearms provisions in the Act.
Further, the licensee is prohibited from allowing a person who is not authorised
to possess or use the firearm.
Part 9 Firearms dealers
licences
Clauses 37 – 40
These clauses set out the
conditions that must be satisfied before a firearms dealers licence is issued
and the reporting requirement for dealer transaction. Firearms dealers are
important participants in the firearms community and will often be in possession
of a large number of firearms. For this reason, depending on the nature of the
activities conducted or proposed to be conducted, the applicant must satisfy a
high standard of security and other requirements. These clauses (formerly
section 19-21) do not alter the requirements and conditions imposed on firearms
dealers.
The offences in clause 39 serve to ensure that the Registrar
obtains or has access to information about firearms in the dealer’s
possession and that the dealer’s activities are conducted in an
appropriate manner.
Part 10 Registration
Clause 41
Register of firearms, other particulars
This clause prescribed other
particulars to be included in the register of firearms.
Clause 42
Registration of unregistered firearms
This clause prescribes seven days
as the time period that may elapse after a licensed firearms dealer comes into
possession of an unregistered firearm.
Clause 43 Registered firearms,
required particulars when firearm sold
This clause (formerly section 35)
prescribes the particulars that must be provided to the Registrar within seven
days of the disposal or acquisition of a firearm. Minor drafting changes have
been made to this provision to bring the clause within language in the Act.
Part 11 Safe Storage of firearms
Division 11.1
Security and safe storage
These provisions represent a key element of the
firearms regulatory scheme. The stated principles of the scheme are to improve
public safety—
(i) by imposing strict controls on the possession and
use of firearms; and
(ii) by promoting the safe and responsible storage and
use of firearms.
Furthermore, one of the objects of the scheme is to
ensure that firearms are stored and conveyed in a safe and secure manner. The
requirements imposed on licensees in this part have not been substantively
changed.
Clause 44 Safe storage requirements category A and category
B
The Act, section 181(1)(c) makes provision for the regulations to
prescribe further requirements relating to security and storage of category A
and B firearms. This clause (formerly section 36) prescribed that the firing
mechanism of the firearm or paintball marker must be removed and stored
separately from the firearm or marker where this is possible.
Clause 45 Security and safe storage requirements, category
D
The Act, subsection 182 (1) (c) makes provision for the regulations to
prescribe further requirements relating to the security and storage of category
C, D and H firearms.
This clause prescribes that, where a category D
firearm is being stored, an intruder alarm that is connected to the mains powers
with a battery back-up is installed in the storage location.
Clause 46
Storage of category A and category B firearms, collectors
This clause
prescribes the minimum storage requirements for collectors of category A and
category B firearms.
Clause 47 Storage of category C, category D and
category H firearms collectors
This clause prescribes the minimum storage
requirements for collectors of category C, category D and category H
firearms.
Clause 48 Storage of firearms, firearms
dealers
This clause prescribes the minimum firearms storage requirements
for firearms dealers. Given their activities, dealers are required to maintain
a higher level of security than most other licensees.
Division 11.2
Displays
Clauses 49-52
Clause 50, relying on the Act section
180(3) sets out the requirements for licensees who wish to display their
firearms either permanently or temporarily. The requirements in clauses 49-52
(formerly section 41-43) have not been changed. The provisions do not apply to
firearms dealers as the safe storage requirements imposed on dealers, in clause
48, anticipate the display of firearms and impose requirements
accordingly.
Clause 53 Restriction on disposal and acquisition of firearms
This
clause prescribes the circumstances in which a person can dispose of or acquire
a firearm from another licensed person through a licensed firearms dealer. In
circumstances described in this clause a person does not commit the offence in
section 226(1) (unlawful disposal of firearms).
Clause 54 Safety
requirement for transporting prohibited firearms or pistols
The Act,
section 234 makes provision for the regulations to prescribe safety requirements
when transporting prohibited firearms or pistols.
This Regulation
prescribes the following safety requirements when transporting firearms or
pistols:
• The firearm must not be loaded while it is being conveyed
and it must be kept separate from any ammunition;
• The firearm must be
transported in a secure manner in the control of the licensee.
Clause
55 Shortening firearms
This clause requires that certain firearms
mentioned in section 240(2) can only be shortened if the firearm meeting the
characteristics referred to in the Act, section 250(3)(a),(b) or
(c).
These provisions are made under the regulation making power in section 272
(2) (k) and are a new addition to firearms regulation in the Territory. The
Amendment Act included provisions to increase regulation of shooting ranges.
The Amendment Act, section 273 inserted a general regulation making power with
respect to the approval of entities to operate approved shooting
ranges.
The Amendment Act also inserted two new offences dealing with
unlawful operation of a shooting range. The first offence — section
224(1) — deals with the requirement that a shooting range be approved,
whilst the second offence — section 224(2) —deals with unlicensed
operators. These offences were introduced to further regulate shooting ranges
in an effort to ensure the safety of participants and the community. Each
offence carries a maximum penalty of 200 penalty units, 2 years imprisonment or
both.
The provisions in this part provide for the licensing of entities
to operate a shooting range. Provisions also set out the criteria that must be
met in order for a range to be approved.
Although part 13 will commence
with the rest of this Regulation, existing shooting ranges will have a period to
come within the new scheme with the operation of the transitional provision in
clause 79 - Pre-commencement Act shooting ranges.
Clause 56
Application for approval of shooting range
This clause prescribes the
information and documents that must accompany an application for approval of a
shooting range.
Clause 57 Decision about shooting range
approval
This clause provides that the Registrar may, upon receiving an
application for approval of a shooting range, either approve or refuse to
approve the application. The Registrar is not able to approve the application
unless the requirements in subsection (2) are satisfied.
Clause 58
Approved shooting ranges, period of approval
This clause provides that
an approval of a shooting range remains in force for 2 years. This period is
appropriate as the ongoing oversight of shooting ranges is necessary to ensure
their proper operation.
This clause, made under section 272(2)(k), creates a new power for the
Registrar to suspend an approval of a shooting range. This provision will apply
where the Registrar is considering whether to cancel an approval under clause 60
and the Registrar believes, on reasonable grounds, that if the range continues
to operate there will be:
• a threat of death or injury; or
• an immediate threat of unlawful damage or destruction to
property.
The suspension continues until one of the following
occurs:
• The Registrar issues a notice revoking the
suspension;
• The approval is cancelled under clause 60 or the approval
is suspended under another provision of this Regulation or another Territory
law; or
• 12 weeks have elapsed after the suspension took
effect.
Clause 60 Shooting ranges, cancellation of
approval
This clause, again made under section 272(2)(k), creates a new
power for the Registrar to cancel an approval in circumstance where certain
situations arise. The circumstances where the Registrar must cancel the
approval are set out in
subclauses (1)(a) – (1)(e).
The
Registrar also has a new discretionary power to cancel an approval where the
approved person has done one of the following things 10 years before the day of
approval:
• The approved person contravened the Act, whether or not
they were convicted of the offence, or
• The approved person was
convicted of an offence relating to firearms under the law of a State, another
Territory or New Zealand.
Subclause (3) sets out the requirements the
Registrar must satisfy in order to give the shooting range and the approved
person natural justice in relation to the decision of whether or not to cancel
the approval.
These provisions are made under the regulation making power in section 272
(2) (k). The Act, section 274 also provides a general regulation making power
with respect to the approval of entities to operate approved paintball ranges.
Changes to the regulation of the sport of paintball were a significant
component of the Firearms Amendment Act. The ministerial authorisation scheme
for paint pellet ranges was also changed in the Amendment Act to allow the
Registrar to approve paintball ranges.
Although part 14 will commence
with the rest of this Regulation, existing paint pellet ranges will have a
period to bring themselves within the new scheme as a result of the operation of
the transitional provision in clause 80 - Pre-commencement Act paint pellet
ranges.
Clause 61 Application for approval of approved paintball
range
This clause prescribes the information and documents that must
accompany an application for approval of a paintball range.
Clause 62
Decision about paintball range approval
This clause provides that the
Registrar may, upon receiving an application for approval of a paintball range,
either approve or refuse to approve the application. The Registrar is not able
to approve the application unless the requirements in
subsection (2) are
satisfied.
Clause 63 Approved shooting ranges, period of approval
This clause provides that an approval of a shooting range remains in
force for 2 years. This period is appropriate, as the ongoing oversight of
paintball ranges is required to ensure their ongoing proper operation.
This clause, made under section 272(2)(k), creates a new power for the
Registrar to suspend an approval of a paintball range. This provision will
apply where the Registrar is considering whether to cancel an approval under
clause 65 and the Registrar believes, on reasonable grounds, that if the range
continues to operate there will be:
• a threat of death or injury; or
• an immediate threat of unlawful damage or destruction to
property.
The suspension continues until one of the following
occurs:
• The Registrar issues a notice revoking the
suspension;
• The approval is cancelled under clause 65 or the approval
is suspended under another provision of this Regulation or another Territory
law; or
• 12 weeks have elapsed after the suspension took
effect.
Clause 65 Approved paintball ranges, cancellation of
approval
This clause, made under section 272(2)(k), creates a new power
for the Registrar to cancel an approval in circumstance where certain situations
arise. The circumstances where the Registrar must cancel the approval are set
out in subclauses (1)(a) – (1)(e).
The Registrar also has a new
discretionary power to cancel an approval where the approved person has done one
of the following things 10 years before the day of approval:
• The
approved person contravened the Act, whether or not they were convicted of the
offence, or
• The approved person was convicted of an offence relating
to firearms under the law of a State, another Territory or New
Zealand.
Subclause (3) sets out the requirements the Registrar must satisfy
in order to give the paintball range and the approved person natural justice in
relation to the decision of whether or not to cancel the approval.
This is a new provision that provides a description of a ‘spare
barrel’ for the purpose of this Regulation.
This clause prescribes the sporting organisations permitted to use starting
pistols. Officials of the prescribed organisations are not guilty of the
offence in Act
(section 44 offence—unauthorised possession or use of a
firearm other than a prohibited firearm) if they use a starting pistol in the
course of the organisation's sporting activities.
This clause, (formerly section 4A) was inserted into the Regulation by the
Firearms (Prohibited Pistols) Amendment Act 2003. The provision sets out
the minimum participation requirements to be met by members of approved clubs,
in order to qualify to be licensed to possess and use a pistol.
This clause prescribes the dimensions for the definition of 'pistol' in the
Act.
Clause 70 Firearms, permits for theatrical and other
productions
The Act, section 141(a) makes provision for the regulations
to prescribe the circumstances under which the Registrar may issue a permit for
the possession or use of firearms.
This clause provides that a permit
authorising the possession or use of a firearm may be issued for theatrical or
dramatic productions or historical re-enactments where specified conditions are
satisfied.
This clause allows the Registrar to issue a permit to conduct an arms fair
where the premises are deemed suitable for that purpose. Arms fairs are events
conducted under the auspices of a dealers licence and allow licensees to
showcase their firearms for the purposes of display or for
sale.
Clause 72 Firearms, permits for possession and use of
tranquilliser firearms
This clause allows the Registrar to issue a permit
for the possession and use of tranquilliser firearms. It is intended that these
permits will be issued to persons who can demonstrate that the use of a
tranquilliser firearm is a necessary part of their occupation.
Clause
73 Firearms, permits for possession and use of powerheads
This clause
allows the Registrar to issue a permit for the possession and use of powerheads
for occupational or marine recreational activities. Powerheads are used by
professional fishermen and recreational divers for protection from shark
attacks.
This part provides for the review by the ACT Civil and Administrative
Tribunal of decisions made under this Regulation. Clause 73 anticipates the
commencement of the ACT Civil and Administrative Tribunal Act 2008,
section 6 (ACAT Act). This clause allows for decisions made between the
commencement of this Regulation and the ACAT Act (approximately 4 weeks) to be
taken as being made on the day of commencement of the ACAT Act.
Schedule
1 of the Regulation lists the reviewable decisions.
Part 17
Transitional
Clause 77 Definition —pt 17
This clause
defines key terms for the transitional provisions.
Clause 78
Pre-commencement Act shooting ranges
This clause provides that shooting
range approvals held before the commencement of this Regulation continue, as new
approvals, until one of the following occurs:
It is intended that the Registrar will work with shooting range operators to
ensure that new approvals are progressed before the expiry of this part.
It is intended that the Registrar will work with paintball range operators to
ensure that new approvals are progressed before the expiry of this
part.
Clause 80 Pre-ACAT reviewable decisions
This clause
anticipates that this Regulation will commence before the ACAT Act commences.
As a result, this clause deems reviewable decisions made by the firearms
Registrar in the intervening period as having been made on the commencement day
of the ACAT Act.
Clause 81 Transitional — modification of
Act
This clause transitionally inserts a new section into the Act to
authorise the possession and use of certain firearms. The Amendment Act
inserted into the Act, schedule 1, item 12, the term ‘fitted with a pistol
grip’. The effect of this amendment was to make certain firearms
prohibited that were not previously prohibited. It was always the intention to
allow licensees to possess and use these firearms for approved competitions.
This provision will be inserted into the Act via the Justice and
Community Safety
Bill 2009. This transitional modification of the Act
ensures that the Act properly reflects the intentions of the Amendment
Act.
Clause 82 Expiry — pt 17
This clause provides that
this part expires 1 year after the commencement day of this Regulation.
This clause repeals the Firearms Regulation 1997 SL1997-13. The two current
paint pellet range authorisations are also repealed. Transitional provisions
provide for the continuing operation of paintball ranges under the new scheme
until applications for approvals are made and considered.