Daryl Williams’ response on the Bill of Rights
by Hon Daryl Williams AM QC MP
Attoney General and Minister for Justice
16 September 1996
Michael Cobb MP
Federal Member for Parkes
Suite 3, 153 Brisbane Street
Dubbo NSW 2830
Dear Michael,
I refer to a question on notice which you asked on 26 June 1996. The question referred to claims that the proposals to restrict gun ownership may breach rights guaranteed by the United Kingdom Bill of Rights, and asked about the advice I may have received on the legitimacy of such claims.
I am writing to advise you that my response to the question will not include the actual advice which I have received on this matter, since I do not consider it appropriate to provide the substance of a legal opinion in response to a question on notice. However, I am happy to provide a summary of the relevant advice prepared by my Department, which may be useful for dealing with inquiries on this matter.
The advice prepared by my Department states that the Bill of Rights does not guarantee a right to bear arms in Australia. The statutory enactment of the Bill of Rights 1689 is part of the law received by the various Australian colonies from Britain at the time of their establishment. Its practical effect may vary from State to State, or Territory, depending on the nature and operation of more modern State orTerritory Law.
Clause 7 of the Bill of Rights declares 'that the subjects which are Protestants may have arms for their defence suitable to their condition, and as allowed by law'. My Department advises there is not doubt that is has been open to Commonwealth, State and Territory legislatures to variously restrict, amend or repeal clause 7 of the Bill of Rights in terms of its continued operation in Australia. The operation of the clause has in fact been overtaken by the Commonwealth, State and Territory legislation restricting gun ownership.
I trust that the above information is of assistance.
Yours Sincerely,
(signed)
DARYL WILLIAMS
Copy held SSAA National
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