Firearms and Crimes Legislation
Amendment (Public Safety) Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill

The object of this Bill is to create new offences under the Crimes Act 1900 and
the Firearms Act 1996 to improve public safety.

The new offences under the Crimes Act 1900 are as follows:

(a) firing a firearm at a dwelling-house or other building with reckless
disregard for the safety of any person (the maximum penalty being
imprisonment for 14 years),

(b) stealing a firearm (14 years imprisonment),

(c) possession by an unauthorised person of an unregistered firearm in a
public place (10 years imprisonment) as well as a separate offence (14
years imprisonment) in aggravated circumstances (namely, if the offence
involves more than one unregistered firearm, an unregistered prohibited
firearm or an unregistered pistol).

The new offences under the Firearms Act 1996 are as follows:

(a) selling a firearm part to an unauthorised person (5 years imprisonment) as
well as a separate offence (10 years imprisonment) of selling a firearm part
that relates to any kind of prohibited firearm or pistol,

(b) selling firearm parts illegally on an ongoing basis (20 years
imprisonment),

(c) using a false document (such as a document that purports to be a firearm
licence or permit) in order to obtain a firearm (10 years imprisonment).

The Bill also makes other miscellaneous amendments (including amendments of
a consequential nature) to the Crimes Act 1900 and the Firearms Act 1996 as
well as to the Criminal Procedure Act 1986 and the Firearms (General)
Regulation 1997.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 is a formal provision that gives effect to the amendments to the Crimes
Act 1900 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the
Firearms Act 1996 set out in Schedule 2.

Clause 5 is a formal provision that gives effect to the amendments to the
Criminal Procedure Act 1986 and the Firearms (General) Regulation 1997 set
out in Schedule 3.

Schedule 1 Amendment of Crimes Act 1900
Schedule 1 [1] makes it clear, for the purposes of the existing offences under the
Act in relation to firearms as well as for the purposes of the new offence under
proposed section 93I, that being in a public place includes being in a vehicle or
vessel that is in a public place.

Schedule 1 [2] creates a new offence under proposed section 93GA of firing a
firearm at a dwelling-house or other building with reckless disregard for the
safety of any person. The maximum penalty for the new offence is imprisonment
for 14 years.

Schedule 1 [3] creates a new offence under proposed section 93I of possession
by an unauthorised person of an unregistered firearm in a public place. The
maximum penalty for the new offence is imprisonment for 10 years. A separate
offence is also created (imprisonment for 14 years) if the offence is committed
in circumstances of aggravation (namely, more than one unregistered firearm is
involved or the unregistered firearm is a prohibited firearm or a pistol).

Schedule 1 [4] creates a new offence under proposed section 154D of stealing a
firearm. The maximum penalty for the new offence is imprisonment for 14
years.

Schedule 2 Amendment of Firearms Act 1996
Schedule 2 [1] inserts proposed section 50AA to make it an offence for an
unauthorised person to purchase a firearm part (the maximum penalty for the
offence is imprisonment for 5 years). A separate offence is also created
(imprisonment for 10 years) if a person purchases a firearm part that relates to
any kind of prohibited firearm or pistol that the person is not authorised to
possess.

Schedule 2 [2] modifies the existing offence under section 51B of selling
firearms illegally on an ongoing basis so that the 3 occasions of sale that
constitute the offence may occur over any consecutive period of 12 months
(rather than any period of 30 days as currently provided under section 51B).

Schedule 2 [3] inserts proposed sections 51BA and 51BB. Proposed section
51BA makes it an offence to sell a firearm part to an unauthorised person
(imprisonment for 5 years). A separate offence is also created (imprisonment for
10 years) if the firearm part relates to any kind of prohibited firearm or pistol.

Proposed section 51BB creates an offence of selling firearm parts illegally on an
ongoing basis (ie if a person contravenes proposed section 51BA on 3 or more
separate occasions over any consecutive period of 12 months). The maximum
penalty for the offence under proposed section 51BB is imprisonment for 20
years (which is the same penalty for the existing offence under section 51B of
selling firearms illegally on an ongoing basis).

Schedule 2 [4] omits the existing offence of forging or fraudulently altering a
firearms licence or permit (which has a maximum penalty of 50 penalty units or
imprisonment for 2 years, or both). Schedule 2 [5] inserts a note that refers to
the existing offence under section 300 of the Crimes Act 1900 of making a false
document (such as a forged firearms licence or permit) which has a maximum
penalty of imprisonment for 10 years.

Schedule 2 [6] inserts proposed section 71A to make it an offence to use a false
document (such as a forged or fraudulently altered firearms licence or permit)
with the intention of obtaining a firearm. The maximum penalty for the offence
is imprisonment for 10 years.

Schedule 2 [7] and [8] provide for the manner in which the new offences are to
be dealt with.

Schedule 2 [9] will enable the Commissioner of Police to delegate the
Commissioner’s function of providing certificate evidence of certain matters in
the ordinary manner.

Schedule 2 [10] and [11] provide for matters of a savings and transitional
nature.

Schedule 3 Amendment of other legislation
Schedule 3.1 amends the Criminal Procedure Act 1986 to specify the penalty
for certain indictable offences under the Firearms Act 1996 when they are dealt
with summarily and also to specify the indictable offences created under the
proposed Act that are to be dealt with summarily (unless the prosecution elects
otherwise).

Schedule 3.2 [1] amends the Firearms (General) Regulation 1997 to require a
licence or permit holder to notify the Commissioner of the address where the
holder keeps his or her firearms and also to notify the Commissioner of any
change to that address.

Schedule 3.2 [2] is a consequential amendment.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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