Bills Digest No. 155 2002-03
National Handgun
Buyback Bill 2003
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
Passage History
Purpose
Background
Main Provisions
Concluding Comments
Endnotes
Contact Officer & Copyright Details
Passage History
National Handgun Buyback Bill
2003
Date Introduced:
15 May 2003
House: House of Representatives
Portfolio: Justice and Customs
Commencement:
On the day on which the
Act receives the Royal Assent
The purpose of
the Bill is to appropriate funding for a national handgun buyback
program commencing on 1 July 2003.
On 21 October 2002 at about 11am a shooting
incident occurred at Monash University in Melbourne. A person
entered a tutorial room on the sixth floor of the Sir Robert
Menzies building and allegedly fired indiscriminately into a
tutorial group. Two people were killed and five wounded before the
alleged gunman was subdued by a lecturer and
students.(1) It was subsequently reported that the
alleged gunman was a licensed pistol owner with access to several
handguns, including semi-automatic pistols and a .357 magnum
revolver.(2)
On 22 October 2002, the Prime Minister, the
Hon. John Howard MP, in Question Time in the House of
Representatives commented on the tragedy and foreshadowed that he
would raise with the State Premiers and the Chief Ministers of the
Territories a proposal to further strengthen gun laws in
Australia.(3) The Prime Minister's stated objective in
raising the matter at intergovernmental level was to see 'whether
there are additional things we can do to take more weapons out of
society consistent with protecting the rights of sporting shooters
in a legitimate sense...'.(4)
The Prime Minister also noted that there was
independent evidence that the guns buyback (of certain long guns
such as rifles) that followed the Port Arthur shooting tragedy in
1996 had been successful in reducing the murder rate involving guns
in Australia.(5) A similar observation was made in the
Senate at Question Time by Senator the Hon. Christopher Ellison,
Minister for Justice and Customs and Senator Andrew Bartlett of the
Australian Democrats.(6)
It is important to note a distinction between
homicides committed with firearms and firearm offences that did not
result in death, such as armed robberies and gun threats. It is
reported that Australia has seen an increase in crimes committed
with handguns combined with a concern over trafficking in illegal
handguns.(7) The Minister for Justice and Customs,
Senator the Hon. Christopher Ellison, issued a Media Release on 16
May 2003 stating that the issue of trafficking in illegal handguns
' remains one of the utmost importance at the ACC, which has
indicated it remains the subject of a Special
Investigation'.(8) The ACC is the newly created
Australian Crime Commission which is the combination of the
functions of the former National Crime Authority, the Australian
Bureau of Criminal Intelligence and the Office of Strategic Crime
Assessments.
The details on the levels of appropriation and
an outline of the method for implementing the handgun buyback
scheme are found in the 2003-2004 Budget documentation (see Fact
Sheet 2 Fighting Crime for the Attorney-General's
Portfolio).
The outline below for the proposed handgun
buyback program indicates a legislative response at the
Commonwealth (e.g. importation controls) and State level (e.g.
possession and use) to reduce the availability of handguns:
HANDGUN BUYBACK AND TIGHTER GUN CONTROLS
Budget 2003-04 has committed funding to one of the
Government s high priorities: strict controls of firearms and a
reduction in the number of handguns in the community.
In accordance with an agreement between the
Commonwealth and State and Territory Governments, a buyback of
prohibited handguns will be conducted from 1 July 2003 until 31
December 2003. The Council of Australian Governments (COAG) agreed
to prohibit the importation, possession and use by sporting
shooters of handguns that have:
a barrel length of less than 100mm for revolvers
and 120mm for semi-automatics;
calibre in excess of .38 (except for specially
accredited events agreed by COAG which will be able to use handguns
up to .45 calibre); and
a shot capacity in excess of 10 rounds.
These measures complement a range of handgun
reforms proposed by the Australasian Police Ministers Council,
endorsed by COAG, and being implemented nationally by the States
and Territories.
The cost of funding the compensation scheme will
be met, firstly, by $15 million left over from the 1996 buyback and
then on two-thirds: one-third basis between the Commonwealth and
States and Territories. The indicative cost of the scheme to the
Commonwealth is $69 million. Legislation in support of the
Commonwealth s two-thirds share of the cost of the buyback will be
introduced in the winter sittings of Parliament.
|
Measure
|
2003
04
$m
|
2004
05
$m
|
2005
06
$m
|
2006
07
$m
|
Total*
$m
|
|
Firearms
permit and policy administration
|
0.9
|
0.9
|
1.0
|
1.0
|
3.9
|
The Government's Budget statement, above,
includes reference to '$15 million left over from the 1996
buyback'. This is a reference to the National Firearms Program
Implementation Act 1996 which appropriated funding to provide
compensation to firearms owners and dealers under buyback schemes
established to implement the national firearms program directed at
long guns. This program was a response to the shooting tragedy at
Port Arthur in Tasmania on 28 April 1996 when 35 people were killed
and others wounded by a lone gunman.(10)
Gun dealers have expressed concern that the
buyback of handguns compensates them for surrender of stock but it
does not compensate them for on-going loss of business as a result
of future reduced sales. While there may be a reduction in overall
trade, the buyback is aimed at certain types of weapons. Gun
dealers will still be able to sell legal firearms to licensed
sporting shooters.(11)
Clause 3 provides definitions
applicable under the legislation. The 'buyback period' covers the
period 1 July 2003 to 31 December 2003, unless extended by
Regulation for a particular State (to allow for any delay in
passing relevant State legislation). The aim is to complete the
buyback in 6 months.
A 'qualifying payment' made by a State as part
of the buyback scheme covers handguns, handgun parts or handgun
accessories. A qualifying payment can also include payments
directly connected with handgun buyback administration and
education or awareness raising strategies. A 'State' includes the
Australian Capital Territory and the Northern Territory.
Clause 4 enables the Minister
for Justice and Customs to authorise reimbursements to the States
for qualifying payments. The payments can only be approved if they
fall within agreed criteria including a time period of within 12
months of the completion of the buyback period in a particular
State.
Clause 5 enables the Minister
to approve additional payments directly connected with the handgun
buyback program. These include payments for administration and
education or awareness raising strategies. These payments may also
include the funding of Commonwealth initiatives such as a
communications strategy and reporting and analysis of the buyback
scheme. Payments may also be made to external territories that may
be unable to fully fund their component of the national
strategy.
Clause 7 requires the
Minister for Justice and Customs to table in Parliament a copy of
the written agreement with each State relating to the handgun
buyback program.
Clause 9 appropriates funding
for the national handgun buyback program.
Clause 10 is a Regulation
making power to enable the Governor-General to give effect to the
legislation.
The purpose of the
Bill is to provide funding to the States to
enable the Commonwealth to participate with the States in a
national program aimed at removing from the community handguns that
are not used in genuine sports shooting. Sporting shooters and
dealers will receive compensation.
Of concern, however, is the reported
theft rate of firearms in Australia. The
Australian Institute of Criminology is reported as stating in June
2002 that approximately 4200 guns, including about 600 handguns,
are stolen in Australia each
year.(12) It is also reported that, in a two year period
to January 2003, New South Wales police
have taken more than 4 000 firearms, including 680 illegal handguns
off the street.(13) It appears that the black market in
illegal handguns is significant. The continued availability of
illegal handguns also indicates the likelihood of gun-running
across Australia's coastline.
A handgun buyback scheme will not
entirely remove the threat of firearm misuse in
Australia but it is an important and worthwhile
initiative. Support should also be given to the continued
monitoring of the adequacy of the banned list of guns compared with
the specifications of recognised sports shooting
disciplines.(14)
- See Amanda Keenan, 'Students die in campus
shooting spree', Australian, 22 October 2002. Barclay
Crawford, Gosia Kaszubska and James Madden, 'A tutorial room
drenched in blood', Australian, 22 October 2002.
- See The Hon John Tingle M.L.C. 'Bad News',
Newsletter of the Shooters Party, Parliament House, Sydney, 23
October 2002. Phillip Hudson, 'Only two Monash guns on the banned
list', Age, 11 November 2002.
- Question without Notice, 'Law Enforcement:
Gun Control', Debates, House of Representatives, 22
October 2002: p. 8229.
- ibid.
- ibid.
- Question without Notice, 'Law Enforcement:
Firearms Control', Debates, Senate, 22 October 2002, p.
5581.
- John Crook, A Curse Called Handguns,
Gun Control Australia, Melbourne, 2003.
- Media Release (E51/03), 'Labor
Attack on Federal law enforcement doesn't stack up', Senator the
Hon. Christopher Ellison, Minister for Justice and Customs, 16 May
2003.
- Fact Sheet 2 - Fighting Crime,
Budget 2003-2004, the Attorney-General's Portfolio.
- For more details on the National Firearms
Program Implementation Act 1996 refer to Bills Digest No. 48
(26 September 1997) by Brendan Bailey and Bills Digest No. 224 (2
June 1998) by Jennifer Norberry of the Law and Bills Digest Group
of the Parliamentary Library.
- Phillip Hudson, 'Gun dealers want levy to
fight ban', Age, 12 December 2002.
- Peter Lalor and Vanessa McCausland, 'Why ban
won't stop this pistol', Daily Telegraph, 11 January
2003.
- ibid.
- See for example the comments in the article
by Phillip Hudson, 'Only two Monash guns on the banned list',
Age, 11 November 2002.
Brendan Bailey
22 May 2003
Bills Digest Service
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ISSN 1328-8091
© Commonwealth of Australia 2003
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Published by the Department of the Parliamentary Library,
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