WARNING:
This Digest was prepared for debate. It reflects the legislation as
introduced and does not canvass subsequent amendments. This Digest
does not have any official legal status. Other sources should be
consulted to determine the subsequent official status of the
Bill.
CONTENTS
National Firearms Program Implementation Bill
1997
Date Introduced: 24 September 1997
House: House of Representatives
Portfolio: Attorney-General
Commencement: Royal Assent
The purpose of the Bill is to extend, to a limited extent,
funding for the program of compensation for the nationwide firearms
buyback to those automatic weapons not strictly falling within the
categories of weapons which were identified in the nationwide
agreement entered into by the Australasian Police Ministers Council
in 1996.The weapons now covered include sub-machine guns, heavy
machine guns and similar weapons.
The National Firearms Program Implementation Act 1996
passed both Houses of Parliament on 20 August 1996 and 21 August
1996, respectively, and received the Royal Assent on 4 September
1996.That Act was an appropriation from the Consolidated Revenue
Fund and it also empowered the Attorney-General to authorise
payments by way of financial assistance to the States and the
Territories for the purpose of providing compensation to firearms
owners and dealers.The funding of this compensation to gun owners
and dealers was offset by an increase in the separate Medicare levy
estimated to raise around $500 million.The Act also permitted the
payment of financial assistance to the States and the Territories
for purposes directly connected to the compensation scheme and for
a nationwide licensing and registration scheme.
The main impetus for this nationwide guns buyback scheme was
national shock and concern over the tragedy at Port Arthur in
Tasmania, where on 28 April 1996, 35 people were killed and others
wounded or traumatised in a shooting spree perpetrated by a lone
gunman.The gunman used an automatic rifle.The Commonwealth
Government's response was to implement a national buyback of
military style self-loading rifles, pump-action shotguns and
similar weapons.The gun buyback scheme expires on 30 September
1997.
The gun buyback scheme has brought to light that there are other
prohibited non-conventional weapons in the community, such as
sub-machine guns and heavy machine guns.These types of weapons were
not expressly covered by the initial Police Ministers' Agreement
but it is obvious that they should be surrended by the
community.
This Bill empowers the Attorney-General to reimburse the States
and the Territories where they have paid compensation for these
surrended weapons consistent with the spirit of the national gun
buyback scheme.
This issue is not without its problems.It is reported that the
Northern Territory Police have already paid $440,000 to a Melbourne
businessman under the gun buyback scheme for 22 World War II
Hispano aircraft canons imported into Australia.The article notes
that it is not understood how the weapons arrived in the Northern
Territory.(1)
As of noon, 3 September 1997, 517,766 firearms had been handed
in under the gun buyback scheme.(2) It is estimated that the number
of guns surrended could exceed 575,000 by the time of the cut-off
point for the surrender of firearms on 30 September 1997.(3)
Clause 3 contains the key provision in the
Bill.This key provision is the definition of qualifying
compensation.Under the National Firearms Program
Implementation Act 1996, qualifying
compensation was defined in section 3 in a way which
applied to 'self-loading rifles, self-loading shotguns or
pump-action shotguns'.This Bill has a new definition of
qualifying compensation which includes
the broader category of:
firearms or other weapons certified by the Attorney-General
(whether before or after the compensation is paid) to be firearms
or other weapons whose surrender is consistent with the spirit of
the national firearms program.
Clause 4 empowers the Attorney-General to authorise payments to
the States (which, by a standard definition in the Bill, includes
the Territories) for the reimbursement of qualifying
compensation paid by the States.Advances may also be made by
the Attorney-General and any over-payment is refundable to the
Commonwealth.
Clause 6 appropriates money from the Consolidated Revenue Fund
for the purposes of the legislation.
Obviously, the Northern Territory Police had to resolve the
issue when presented with the 22 aircraft canons.It may be
interesting to hear any further details (e.g. setting the price) of
the circumstances surrounding the reported buyback of the 22
aircraft canons at a cost of $440,000 by the Northern Territory
Police.
- Greg Thomson, 'Buyback bungle: legal action option',
Northern Territory News, Thursday, September 11,
1997.
- House of Representatives, Hansard, Questions Without
Notice, National Firearms Buyback, 3 September 1997: 7381
(Proof).
- David Elias, '553,854: the arsenal', The Age, 20
September 1997.
Brendan Bailey
26 September 1997
Bills Digest Service
Information and Research Services
This Digest does not have any official legal status. Other
sources should be consulted to determine whether the Bill has been
enacted and, if so, whether the subsequent Act reflects further
amendments.
IRS staff are available to discuss the paper's contents
with Senators and Members and their staff but not with members of
the public.
ISSN 1328-8091
© Commonwealth of Australia 1997
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Published by the Department of the Parliamentary Library,
1997.
This page was prepared by the Parliamentary Library,
Commonwealth of Australia
Last updated: 26 September 1997
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