Bills Digest No. 224 1997-98
National Firearms Program Implementation Bill 1998
WARNING:
This Digest was prepared for debate. It reflects the legislation as introduced
and does not canvass subsequent amendments. This Digest does not have
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the subsequent official status of the Bill.
CONTENTS
Passage History
Purpose
Background
Main Provisions
Endnotes
Contact Officer and Copyright Details
National Firearms Program Implementation Bill 1998
Date Introduced: 27 May 1998
House: House of Representatives
Portfolio: Attorney-General
Commencement: On Royal
Assent
To provide compensation for certain
firearms surrendered in the Territories of Norfolk Island, Cocos (Keeling)
Islands and Christmas Island.
In April 1996, 35 people were killed and others wounded
in Port Arthur, Tasmania by a lone gunman, Martin Bryant. In May 1996,
a meeting of Commonwealth, State and Territory Police Ministers was convened.
At that meeting agreement was reached on a national scheme for firearms
ownership, use and storage in Australia. Among other things, the Police
Ministers agreed that there should be restrictions on the importation,
ownership, sale, resale, transfer, possession, manufacture and use of
self-loading centrefire rifles, self-loading and pump-action shotguns
and self-loading rim-fire rifles.(1) Agreement was also reached on a licensing
and registration scheme for firearms in accordance with national standards.
Further elements of the agreement were an amnesty period(2)
and buyback scheme to encourage firearms owners and dealers to surrender
prohibited weapons. It was also agreed that the Commonwealth would meet
the costs of compensation and fund the States and mainland Territories
for establishing and administering the buyback scheme and implementing
licensing and registration systems.(3)
In the period following the May 1996 Police Ministers
Meeting, the Commonwealth, the States and the Territories introduced legislation
responding to the firearms agreement. Commonwealth statutes included the
Medicare Levy Amendment Act 1996 and the National Firearms Program
Implementation Act 1996. The former statute increased the rate of
the Medicare levy for the 1996-97 financial year in order to fund the
firearms buy-back scheme. It was estimated that the levy would raise about
$500 million.
The National Firearms Program Implementation Act 1996
appropriated money from Consolidated Revenue and empowered the Attorney-General
to authorise payments to the States(4) for the purpose of providing compensation
to firearms owners and dealers under schemes established to implement
the national firearms program. The Act also enabled the Attorney-General
to authorise other payments to the States for purposes connected to the
national firearms program.
The National Firearms Program Implementation Act 1997
(Cth) extended compensation to certain automatic weapons not covered by
the May 1996 Police Ministers Agreement. These weapons included sub-machine
guns and heavy machine guns. The buyback scheme had revealed the existence
of such weapons in the community. The 1997 Act empowered the Attorney-General
to reimburse the States and Territories where they had paid compensation
for such surrendered weapons consistent with the spirit of the national
gun buyback scheme.
As at 20 May 1998, a total of 643,674 firearms had been
surrendered in mainland Australia and $319,398,716 paid in compensation.
The National Firearms Program Implementation Bill 1998
relates to Norfolk Island, Cocos (Keeling) Islands and Christmas Island.
These islands are among Australia's external territories. Cocos (Keeling)
Islands and Christmas Island are located in the Indian Ocean. Norfolk
Island is 1,676 kilometres north-east of Sydney.
Clause 3 is the definitions provision. It defines
'Territory' to mean Norfolk Island, Christmas Island or Cocos (Keeling)
Island.
Clause 3 also defines 'qualifying compensation.'
'Qualifying compensation' is compensation which is paid under a compensation
scheme approved by the Attorney-General where compensation is paid for
the surrender of property during an amnesty period or for loss of business
during the amnesty period. The compensation must relate to self-loading
rifles, self-loading shotguns or pump-action shotguns or to firearms whose
surrender is consistent with the spirit of the national firearms program.
Clause 4 provides that the Attorney-General may
notify an amnesty period for a Territory in the Gazette.
Subclauses 5(1) & 5(2) provide that the Attorney-General
can authorise payments of qualifying compensation, reimbursements or advances
to a Territory. Subclause 5(3) provides for the repayment by a
Territory of any excess amounts of qualifying compensation. Over-payments
are recoverable as debts due to the Commonwealth [subclause 5(4)].
Subclause 6(1) provides that the Attorney-General
can authorise other payments to a Territory connected with the implementation
of the national firearms program. Subclause 6(2) provides that
total payments to the Territories cannot exceed the amount stipulated
in subsection 5(2) of the National Firearms Program Implementation
Act 1996.
- See The Australian Firearms Buyback, Media Kit, Fact Sheet,
'Setting National Standards on Firearms Ownership.'
- This amnesty period expired on 30 September 1997.
- Australian Firearms Buyback, op.cit.
- The legislation defines 'States' to include the Northern Territory
and the Australian Capital Territory.
Jennifer Norberry
2 June 1998
Bills Digest Service
Information and Research Services
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ISSN 1328-8091
© Commonwealth of Australia 1998
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Published by the Department of the Parliamentary Library, 1998.
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