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New proposed Victorian Regulations for shooting on private land

Department of Justice, Victoria

Regulatory Impact Statement
Firearms (Prescribed Circumstances) Regulations 1998 [Edited version]

EXECUTIVE SUMMARY

Objectives
The objectives of the proposed Firearms (Prescribed Circumstances) Regulations 1998 are:
· to provide for legitimate sport/target shooting of clay target shooting on private property in a way which will minimise the risks of firearms-related accidents and injuries arising from such activities; and
· to establish appropriate fees for specific regulatory services under the Firearms Act 1996 which will be consistent with the principle of cost recovery and with other fees already charged under the Act.

Proposed Regulations
The proposed Regulations will amend the Firearms regulations 1997 by:
· prescribing the circumstances under which licensed firearms users can engage in sport/target shooting or clay target shooting on private property;
· prescribing licence and permit fees for a small group of specialised firearms users (eg. Theatrical armourers, members of historical re-enactment groups, some sports clubs.)

Benefits and Costs
The proposed Regulations will minimise the risks of firearms-related accident and injury arising from sport/target shooting or clay target shooting on private property by prescribing specific safety standards for all such activities and by establishing police notification requirements for activities involving more than three people. The proposed Regulations will also ensure that the costs of firearms controls are distributed as efficiently and equitable as possible by prescribing fees for new types of firearms licences and permits consistent with other fees already charged under the Act.

The proposed Regulations will generate some firearms licence and permit fee costs for a small group of specialised firearms users, and some compliance costs for licensed firearms users wishing to engage in sport/target shooting or clay target shooting on private property.

Alternatives
The first alternative to the proposed Regulations, a regulatory system for sport/target shooting or clay target shooting on private property based on a police notification system, is unlikely to minimise the risks of firearms-related accidents and injuries tot he same extent as the proposed Regulations. The second alternative, a regulatory system based on the prescription of specific safety requirements in the Regulations, is also unlikely to minimise risks to the same extent as the proposed Regulations.

Conclusion
The proposed Regulation are necessary for the achievement of the objective.

1. OBJECTIVE OF PROPOSED REGULATIONS

Objectives
The objectives of the proposed Firearms (Prescribed Circumstances) Regulations 1998 are:
· To provide for legitimate sport/target shooting or clay target shooting on private property in a way which will minimise the risks of firearms-related accidents and injuries arising from such activities; and
· To establish appropriate fees for specific regulatory services under the Firearms Act 1996
· Which will be consistent with the principle of cost recovery and with other fees already charged under the Act.

2. NATURE AND EXTENT OF PROBLEM

2.1 Controls on Sport/Target shooting or Clay Target Shooting on Private Property
Sport/target shooting and clay target shooting are traditional, well-established purposes for holding a firearms licence in Victoria. Many persons who hold firearms licences for these purposes have traditionally engaged in such activities either at special shooting ranges, on private property, or at both types of locations.

The Firearms Act 1996 confirmed the principle that sport/target shooting and clay target shooting were legitimate reasons for holding a firearms licence. The new legislation provided for sport/target shooting and clay target shooting by appropriately licensed persons at approved shooting ranges. The new legislation failed however to specifically indicate the circumstances under which appropriately licenced persons could engage in such activities on private property. This created concerns about the continued legality of sport/target shooting or clay target shooting on private property.

A set of limited amendments to the Firearms Act 1996 was passed by the Victorian Parliament in April 1998. The amendments included some specific changes to Schedule 2 of the Act to clarify the controls applying to sport/target shooting or clay target shooting on private property.

Under the amended Act, persons who hold category A or B longarms licences for sport/target shooting or category C shotgun licences for clay target shooting will be able to engage in such activities at the following locations:
· At approved shooting ranges
· On land owned by the licence holder, where the owner of the land has given permission for the carrying out of the activity and where the activity is being carried out in accordance with regulations.

The legislative amendments which will give effect to this provision have not yet commenced operation, as the Firearms Regulations, which were made in 1997, do not currently contain any conditions relating to sport/target shooting or clay target shooting on private property.

2.2 Fees for Theatrical Armourers Permits
Recent amendments to the Firearms Act introduced a new type of approval for a small number of specialised licenced firearms dealers hose business is the supply of firearms to the film, television and theatrical industries. These special types of licenced firearms dealers can now apply for a theatrical armourers permit from Victoria Police.

The administration of theatrical armourers permits, like other types of firearms licences and permits, will require Victoria Police to process applications, issue permits and ensure permit holders comply with requirements. These administrative responsibilities will generate cost for Government.

It is broad Government policy to set fees for regulatory services on a cost recovery basis, unless there are explicit policy or public good reasons otherwise. The Firearms Regulations 1997 gave effect to this principle by prescribing fees for firearms licences and permits. The fees were set to recover the costs Government incurs in the administration of firearms licences and permits.

The current Firearms Regulations do not prescribe a fee for theatrical armourers permits, however, as the Regulations were made in 1997, before the introduction of this new type of permit. The Regulations need to be amended to ensure that persons applying for theatrical armourers permits, like persons applying for other types of firearms permits, pay a fee for the permit.

2.3 Fees for Handgun Licences issued for Prescribed Purposes
Recent amendments to the Firearms Act and Regulations provide for the issuing of handgun licences for a limited set of established, specialised purposes. These prescribed purposes for applying for a handgun licence are:
· For historical re-enactments conducted by historical re-enactment groups
· For public ceremonial events; and
· For starting or finishing sporting events.

Administration of these types of handgun licences, like other types of licences, will require Victoria Police to process licence applications, issue licences and ensure licence holders comply with requirements. These administrative responsibilities will generate cost for Government.

It is broad Government policy to set fees for regulatory services on a cost recovery basis, unless there are explicit policy or public good reasons otherwise . The Firearms Regulations 1997 gave effect to this principle by prescribing fees for firearms licences and permits. The fees were set to recover the costs Government incurs in the administration of firearms licences and permits.

The fee structure in the current Regulations was set in 1997, before the recent legislative amendments which provide for the issue of handgun licences for prescribed purposes. The Regulations need to be amended to ensure that persons applying for handgun licences for prescribed purposes, like persons applying for handgun licences for other comparable purposes (eg. For sport/target shooting), pay a fee for the licence.

3. Description of Proposed Regulations
The proposed Regulations will ensure the effective operation of the Firearms Act 1996 by performing three specific functions. These three functions are explained below.

3.1 Prescribe Circumstances for Sport/Target Shooting or Clay Target Shooting on Private Property
The proposed Regulations will prescribe the circumstances under which sport/target shooting or clay target shooting can occur on private property, as required under items 1 (5A),2(2)( c) and 4 (2A) of Schedule 2 of the Firearms Act 1996 (as amended).

Under the proposed Regulations, persons who hold a category A or B longarms licences for sport/target shooting or category C shotgun licences of clay target shooting will be able to engage in such activities on private property, subject tot he following conditions:
· a person taking part in the activity will not be allowed to discharge a rile in the course of the activity unless it is discharged at a target which has in place behind it a backstop which is capable of stopping, within 20 metres, any projectile which passes through or beyond the target;
· a person taking part in the activity will not be allowed to discharge a firearm in the course of the activity within 250 metres of a public read or any dwelling (which is not a dwelling on the land on which the activity takes place);
· a person taking part in t he activity will not be allowed to discharge a shot, bullet or other missile during the course of the activity which carries, upon discharge, beyond the land on which the activity is taking place;
· a person taking part on the activity, when discharging a firearm in the course of the activity:
· will not be allowed to endanger any property or person; and
· will have to be stationary; and
· when not clay target shooting, will have to shoot at stationary targets;
· the activity will nave to take place between the hours of sunset and sunrise;
· the activity will not be allowed to be advertise, formally organised or scheduled;
· a person taking part in the activity will not be allowed to give or receive direct or indirect financial benefit to or from any other person for taking part in the activity.
· if more than 3 persons are to take part in the activity or if the activity is to be carried on for more than 2 hours, a member of the police force at the nearest police station to the land where the activity is to take place will have to have been notified in writing, within a period of 7 days before the activity takes place, that the activity is to take place;
· in cases where written notice is given, the written notice will nave to set out:
· the name, address and contact telephone number of the person giving the notification; and
· the land on which the activity is to take place; and
· the day on which the activity is to take place; and
· the nature of the activity.

These conditions will ensure that sport/target shooting or clay target shooing by appropriately licensed persons on private property is subject to appropriate safety requirements and police monitoring.

3.2 Prescribe Fee for Theatrical Armourers Permit
The proposed Regulations will prescribe a fee of $30 for the issue of a theatrical armourers permit. The fee will ensure that Government recovers the costs associated with administration of such permits. The $30 fee is consistent with the existing fee charged for a similar type of permit, the display permit for licensed firearms dealers, under the current Regulations.

Theatrical armourers permits are a new type of approval designed for specialised firearms dealers that supply firearms to the film, TV and theatrical industries. Given the specialised nature of the theatrical armourers' industry, it is expected that only a limited number of licensed firearms dealers will apply for and obtain such permits (see section 3.4)

3.3 Prescribe Fee for Handgun Licences issued for Prescribed Purposes
The proposed Regulations will prescribe a fee for the issue of hand gun licences issued for prescribed purposes. The fee foe such licences, which will run for up to five years, will be calculated on the bases of an annual charge of $32 (for natural persons), $100 (for bodies corporate holding 20 or less handguns under the licence), and $200 (for bodies corporate holding more that 20 handguns under the licence). The same fees will apply for the renewal of these types of handgun licences.

The fee is consistent with the existing fee charged for similar type of licence, handgun licences issued for sport/target shooting reasons under the current Regulations. The fee will ensure that Government recovers the cost associated with administration of these types of handgun licences.

Given the specialised nature of the prescribed purposed for handgun licences, it is expected that only limited number of persons will apply for such licences ( see section 3.4)

3.4 Effect of Proposed Regulations
Under the proposed Regulations:
· persons who hold category A or B longarm licences for sport or target shooting or category C shotgun licences for clay target shooting will be able to engage in such activity on private property, provided such activities are conducted in accordance with the Regulations;
· licensed firearms dealers wishing to obtain a theatrical armourers permit form Victoria Police will need to pay the prescribed fee for the permit; and
· persons wishing to obtain or renew a handgun licence form Victoria Police for a prescribed reason (eg. For historical re-enactments, ceremonial events, starting sports events) will need to pay the prescribed fee for the licence.

It is expected that no more than approximately 100 persons will apply for handgun licences for prescribed purposes, and that approximately 5 licensed firearms dealers will apply for theatrical armourers permits.

The new requirements will take effect when the proposed Regulations commence operation.

The proposed Regulations are currently expected to commence operation in august 1998.

3.5 Enforcement of proposed Regulations
The proposed Regulations will be enforced by Victoria Police, the agency responsible for the administration of Victoria's firearms laws. The proposed Regulations will be administered within Victoria's Police's existing resources.

3.6 Legislative Authority
The proposed Regulations will be made under sections 31,92A, 191 and Schedule 2 of the Firearms Act 1996.

4. BENEFITS AND COSTS OF PROPOSED REGULATIONS

The principal benefits and costs of the proposed Regulations are summarised in the tables below. The summary is in two parts: the costs and benefits associated with prescribing circumstances for sport/target shooting or clay target shooting on private property, and the costs and benefits of prescribing fees for handgun licences (prescribed reasons) and theatrical armourers permits.

4.1 Costs and Benefits of Prescribed Circumstances for Sport/Target or Clay Target Shooting

4.2 Costs and Benefits of Prescribing Fees for Handgun licences (Prescribed Reasons) and Theatrical Armourers Permits

4.3 Summary
The proposed Regulations will minimise the risks of firearms-related accident and injury arising from sport/target shooting or clay target shooting on private property by prescribing specific safety standards for all such activities and by establishing police notification requirements for activities involving more than three people. The proposed Regulations will also ensure that the costs of firearms controls are efficiently distributed by prescribing fees for new types of firearms licences and permits consistent with other fees already charged under the Act.

The proposed Regulations will generate some compliance costs for licensed firearms users wishing to engage in sport/target shooting or clay target shooting on private property. Most of these costs relate to restrictions on the way that such activities will be conducted (eg. Restrictions on where, how and when such activities occur) and are inherently difficult to quantify. The proposed Regulations will also generate a total cost of approximately $3,150 annually in licence and permit fees for holders of handgun licences (prescribed reasons) and theatrical armourers permits. These costs are relatively minor in comparison to the benefits that will flow from minimising the risks of firearms-related accidents and injury as a result of sport/target shooting or clay target shooting activities on private property.

5. ALTERNATIVES TO PROPOSED REGULATIONS

5.1 Alternatives for Controlling Sport/Target Shooting or Clay Target Shooting on Private Property
The range of feasible alternatives to the proposed Regulations is limited by the fact that the Firearms Act 1996 specifically requires Regulations to prescribe the circumstances relating to sport/target shooting or clay target shooting on private property. Two sets of variations to the proposed Regulations are considered, focussing principally on different ways of controlling such activity.

5.11 Alternative One: Notification-Based System
Under the proposed Regulations, appropriately licensed persons wishing to engage in sport/target shooting or clay target shooting on private property will need to observe a set of specific safety requirements when engaging in such activities. In cases where more than 3 persons are involved or where the activity will be longer than 2 hours in duration, each participant will also have to ensure that local police have been notified beforehand about the proposed activity.

One alternative to this approach is to have a notification - based system. Under this alternative the Regulations would require all persons engaging in sport/target or clay target shooting on private property to notify police beforehand about their intention to engage in the activity. No specific safety requirements would be prescribed in the Regulations - the requirements would be set by police on a case-by-case basis.

5.12 Costs and Benefits of Controls on Sport/Target or Clay Target Shooting on Private Property under Alternative One

5.13 Alternative Two: Standards-Based Approach
Another way of controlling sport/target shooting or clay target shooting on private property is to adopt a standards-based approach. Under such an approach, all persons engaging in such activities would be required to comply with specific safety requirements prescribed in Regulations. The safety standards would be essentially the same as those in the proposed Regulations. Unlike the proposed Regulations, however, the alternative set of Regulations would not feature the supplementary requirements that persons notify police about their intention to engage in such activities in cases where 3 or more persons would be participating or where the activity would be carried on for more than 2 hours. Victoria Police would be expected to rely on conventional enforcement techniques to ensure all person engaging in such activities complied with the safety requirements.

5.14 Costs and Benefits of Controls on Sport/Target Shooting or Clay Target Shooting on Private Property under Alternative Two
As this alternative would set basically the same safety standards as those in the proposed Regulations, it could, like the proposed Regulations, be expected to minimise the risks of firearms-related accidents and injuries occurring as a result of stray shot or bullets fired during sport/target shooting or clay target shooting on private property.

This alternative, like the proposed Regulations, would generate some compliance costs for licensed firearms owners participating in such activities. Most of these costs would relate to restrictions on the way that such activities would be conducted (eg. Restrictions on where, how and when such activities occur) and are inherently difficult to quantify.

The absence under this alternative of any police notification requirement for sport/target shooting or clay target shooting activities on private property involving more than three people means that police would not receive information which would assist them in monitoring such activities. While most licensed firearms owners participating in such activities could be expected to behave safely and lawfully even in the absence of notification requirements, the lack of such requirements would make it more difficult for police to monitor such activities, with some consequential increase in the risks of firearms-related accidents and injuries.

5.2 Alternatives Regarding Fees for Handgun licences (Prescribed Reasons) and Theatrical Armourers Permits
The other major element of the proposed Regulations is the proposal to prescribe fees for handgun licences (prescribed reasons) and theatrical armourers permits. The principal alternatives to this proposal is to adopt a "no fees" policy for these licences and permits, on the grounds that these licences and permits are specialised in nature, and therefore unlikely to generate significant additional administrative costs or fee revenue for Government.

5.21 Costs and Benefits of "No Fees" Policy
The principal benefit of a "no fee" policy for handgun licences (prescribed reasons) and theatrical armourers permits would be the savings such licence and permit holders would experience in not having to pay fees.

This approach would require Government to absorb the costs of administration of these licences and permits. This would be an inefficient and inappropriate way of distributing the costs of the new firearms laws. It would be inconsistent with the fee-setting approach adopted towards other types of firearms licences and permits issued under the Firearms Act and it would be inconsistent with the Government's general cost recovery approach to fee-setting for regulatory services.

5.3 Summary
Alternative One, like proposed Regulations, would minimise the risks of firearms-related accidents and injuries arising from sport/target shooting or clay target shooting on private property by establishing a notification system which would ensure police had the information needed to actively monitor such activities.

By failing to prescribe specific safety standards for sport/target shooting or clay target shooting on private property, this alternative would not be as effective as the proposed Regulations in minimising the risks of firearms-related accident and injury occurring as a result of stray shot or bullets being discharged by persons at inappropriate locations or under inappropriate conditions. The police notification system that would form the basis of the regulatory system under this alternative could also be expected to generate significant greater administrative costs for police and licensed firearms owners than the proposed Regulations.

Alternative Two, like the proposed Regulations, would minimise the risks of firearms-related accidents and injuries arising form sport/target shooting or clay target shooting on private property by prescribing specific safety standards for such activities. This alternative however would not minimise such risks as effectively as the proposed Regulations. The absence of a police notification requirement for activities involving more than three people would mean that police would not receive information needed to effectively monitor such activities.

The principal alternative to the proposed fees for handgun licences (prescribed reasons) and theatrical armourers permits is a "no fees" policy. This alternative would mean that holders of such licences and permits did not contribute towards the costs of administration of the State's firearms controls. This would mean an inefficient distribution of costs, inconsistent with general Government policy.

6. ASSESSMENT

The proposed regulations will minimise the risks of firearms-related accident and injury arising from sport/target shooting or clay target shooting on private property by prescribing specific safety standards for all such activities and by establishing police notification requirements for activities involving more than three people. The proposed Regulations will also ensure that the costs of firearms controls are distributed as efficiently and equitably as possible by prescribing fees for new types of firearms licences and permits consistent with other fees already charged under the Act.

The proposed Regulations will generate some firearms licence and permit fee costs for a small group of specialised firearms users, and some compliance costs for licensed firearms users wishing to engage in sport/target shooting or clay target shooting on private property. These costs are relatively minor in comparison to the benefits that will glow from minimising the risks of firearms-related accidents and injury as a result of sport/target shooting or clay target shooting activities on private property.

The first alternative to the proposed Regulations, a regulatory system for sport/target shooting or clay target shooting on private property based on a police notification system, is unlikely to minimise the risks of firearms-related accidents and injuries to the same extent as the proposed Regulations. The second alternative, a regulatory system based on the prescription of specific safety requirements in the Regulations, is also unlikely to minimise risks to the same extent as the proposed Regulations.

The proposed Regulations are necessary for the achievement of the objective.

7. NATIONAL COMPETITION POLICY ASSESSMENT

Guidelines issued under the Subordinate Legislation Act 1994 require new regulatory proposals to be accompanied by an assessment of the proposed regulations' implications for competition.

Under the Guidelines, regulations are deemed to restrict competition if they:
· Allow only one company or person to supply a good or service (monopoly);
· Require producers to sell to a single company or person(monopsony);
· Limit the number of producers of goods and services to less than four (duopoly or oligopoly);
· Limit the output of an industry or individual producers;
· Limit the number of person engaged in an occupation.

The proposed Regulations will amend the Firearms Regulations 1997 by:
· Prescribing the circumstances under which licensed firearms users can engage in sport/target shooting or clay target shooting on private property;
· Prescribing licence and permit fees for a small group of specialised firearms users (eg. Theatrical armourers, members of historical re-enactment groups, some sports clubs).

The proposed Regulations' provisions relating to sport/target shooting or clay target shooting on private property will not affect competition, as these provisions relate solely to recreational, non-commercial activity. The prescription of licence fees in the proposed Regulations for specialised firearms users such as members of historical re-enactment groups and sports clubs will not affect competition for similar reasons.

· The proposed Regulations will prescribe a fee of $30 for licensed firearm dealers wishing to obtain a theatrical armourers permit. The small scale of the fee means it is unlikely to limit the output of the theatrical armourers industry or restrict the number of persons engaged in the occupation of theatrical armourer.

· The proposed Regulations will not restrict competition.

8. CONSULTATION

To facilitate public comment, the RIS will be broadly advertised for public comment. The RIS will also be directly distributed to the following organisations:
Victorian Amateur Pistol Association
Shooting Sports Council of Victoria
Sporting Shooters Association of Australia (Victoria)
Australian Deer Association
Firearms Traders Association
Victorian Gun Dealers Council
Victorian Farmers Federation
The Firearms Appeals Committee
Department of Conservation and Natural Resources
Victorian Field and Game Association
Victorian Police Firearms Users Group
National Coalition for Gun Control
Gun Control Australia
Victorian Security Industry Firearms Instructors

 

GLOSSARY OF SPECIAL TERMS

Category A longarm
With reference to sport/target shooting or clay target shooting on private property, this means:
· An air gun
· A rimfire rifle (other than a semi-automatic rimfire rifle);
· A shot gun (other than a pump-action or semi-automatic shot gun);
· Any combination of a shotgun and rimfire rifle.

Category B long arm
With reference to sport/target shooting or clay target shooting on private property, this means:
· A muzzle-loading firearm;
· A centrefire rifle (other than an automatic or a semi-automatic centrefire rifle);
· Any combination of a shotgun and centrefire rifle.

Category C shotgun
With reference to sport/target shooting or clay target shooting on private property, this means:
· A semi-automatic shot gun with a magazine capacity of no more than five rounds:
· A pump-action shotgun with a magazine capacity of no more than five rounds.

END

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