Daryl Williams states there is "no common legislation as such..."
Australian House of Representatives Hansard
QUESTIONS ON NOTICE
National Gun Laws
12 February 1997
(Question No. 846)
The following answers to questions were circulated: Mr Filing asked the Attorney-General and Minister for Justice, upon notice, on 17 October 1996:
(1) What specific measures has the Government undertaken, or does it propose in law or in advice to the States and Territories, to reduce criminal avoidance from compliance with the new, standard, national gun laws.
(2) Is it a fact that under the development of standard national firearms laws, some States or Territories are proposing that firearms made before 1900 will not require any form of licensing.
(3) Is there a guideline or consensus on how collectors' weapons are to be rendered temporarily inoperative; if so, what are the details.
(4) Will prohibition of hand grenades for collectors apply to inert as well as live grenades.
(5) Is there a guideline for storage of weapons for gun owners who live in caravans or in remote settlements such as Aboriginal communities; if so, what are the details.
(6) What measures will the Commonwealth take to monitor the maintenance of common legislation which is consistent between the States and Territories once a standard national firearms legislative approach is achieved.
Mr Williams--The answer to the honourable member's question is as follows:
(1) At the Australasian Police Ministers' Council (APMC) meeting on 10 May 1996, all State and Territory Police Ministers agreed that at the conclusion of the national compensation and amnesty scheme, each jurisdiction would have severe penalties for breaches for the firearms control laws. It was further agreed that, to the extent practicable, the penalties should be uniform.
At the national level, a public education campaign has commenced to persuade firearm owners to hand in prohibited firearms and to encourage compliance with the new firearms legislation.
(2) At its meeting of 17 July 1996, the APMC agreed that jurisdictions may consider not applying any requirement for licensing or registration of collection firearms manufactured before 1900, and for which cartridge ammunition is not commercially available. This is a matter for the individual State and Territory Governments to determine.
(3) The APMC agreed on 17 July 1996 that firearms manufactured after 1900 held in a collection must be rendered temporarily incapable of use by removal and separate secure storage of the bolt and/or firing pin or, if not feasible, by an appropriate trigger lock. Ministers further agreed that Category D firearms in a collection must be rendered permanently inoperable, and that jurisdictions may require Category C collection firearms to be rendered permanently inoperable.
(4) The APMC has not addressed requirements for hand grenade collections. This is a matter for-consideration by the individual State and Territory Governments.
(5) There is no specific guideline on this matter. On 10 May 1996, the APMC agreed upon the following minimum basic standards for the secure storage of firearms and ammunition:
Licence Category A and B: storage in a locked receptacle constructed of either hard wood or steel with a thickness to ensure it is not easily penetrable. If the weight is less than 150 kilograms the receptacle shall be fixed to the frame of the floor or wall so as to prevent easy removal. The locks fitted to these receptacles shall be of sturdy construction;
Licence Category C, D and H: storage in a locked, steel safe with a thickness to ensure it is not easily penetrable, bolted to the structure of a building; and all ammunition must be stored in locked containers separate from any firearms.
The APMC further agreed that a firearms owner who wished to store firearms through other measures would have the burden of persuading the firearms regulatory authority that he or she can provide a level of security not less than that required by the relevant approved standard.
(6) The Commonwealth Law Enforcement Board ("the Board") has been involved in the development stages of the new firearms legislation in all States and Territories. The Board will continue to monitor the legislation to ensure that the APMC agreements are implemented and remain in place. As noted at the APMC meeting on 15 November 1996, the Australian Institute of Criminology has agreed to monitor and evaluate the new firearms controls. As part of this process, I have requested the Australian Institute of Criminology to prepare a detailed analysis of the State and Territory legislation.
There is no common legislation as such, nor is there a "standard national firearms legislative approach". It is up to each State and Territory Government to decide whether to incorporate the APMC agreements into existing legislation or to draft new legislation based upon the agreements.
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