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
Information and Research Services
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ISSN 1328-8091
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