Firearms Bill

Second Reading

The Hon. I.K. HUNTER (Minister for Sustainability, Environment and Conservation, Minister for Water and the River Murray, Minister for Climate Change) (16:52): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

The Firearms Act 1977 is a complex legislative scheme for the control of firearms. Since proclamation on 1 January 1980, the Act has been modified by 11 amendment packages resulting in hundreds of individual changes. Many of the changes have arisen from public concern following shootings (ie Port Arthur and the Tonic Nightclub) and were mostly directed towards dealing with illegal criminal behaviour.

Possession and use of illicit firearms by organised and entrepreneurial criminals, who exploit emerging technologies to support their activity, remains a significant concern for South Australia. The social ramifications of organised crime and illicit firearm activity on the community are serious and inconsistent with government, police and community expectations of safety and reasonable behaviour.

The immediate and critical nature of reform so far has taken precedence over reform to update and improve firearm controls and enforcement measures.

Wholesale reformation of the Act is now necessary to provide a contemporary legislative scheme which equips the State with an enhanced, effective, simple, clear and progressive firearm regulatory system to provide a sound administrative and governance framework to meet community expectations.

Broad community consultation during the past 12 months has harnessed community and stakeholder views and driven the development of a substantial Bill to replace the outdated Act and improve the regulatory firearms scheme for the benefit of all South Australians.

The Bill achieves a clear and sustainable balance between firearm control which maximises public safety, and encourages the responsible possession and use of firearms for legitimate reasons. The Bill also reaffirms the underlying principle that firearm possession and use is a privilege, conditional on the overriding priority to ensure public safety.

The six main purposes of the Bill are to:

Improve public safety and prevent crime;

Reduce red tape;

Overcome deficiencies;

Facilitate a nationally consistent approach to firearm control;

Increase functionality of the Act;

Modernise the Act.

Improve Public Safety and Prevent Crime

Consistent with Government's Tough New Gun Laws commitments within Building a Stronger South Australia paper 4 (Safer Communities. Safer Policing), many provisions of the Bill reflect a need to maintain and improve public safety whilst preventing firearm related crime.

The Bill achieves this by enhancing the scheme by which Firearms Prohibition Order's (FPO's) are issued and enforced. Key reforms include:

A provision for the Registrar of Firearms (the Registrar) to issue an FPO against a person who is a member or former member of a criminal organisation (such as a relevant Outlaw Motorcycle Gang member), or for a person who is subject to a control order issued under the Serious and Organised Crime (Control) Act 2008; and

Provisions which permit a police officer to require a person suspected of having been issued with an FPO to provide identifying information about themselves or people with whom they reside, and to provide written notice within 7 days of a change of address.

A number of new offences have been created which aim to improve the safety of the community and assist in preventing firearm related crime:

An aggravated offence when an unlicensed person is in possession of a firearm and also has also committed certain drug offences contained in the Controlled Substances Act 1984;

Offences for the unlawful possession or assembly of ammunition;

Offences for persons who in this State aid, abet, counsel or procure firearm related offences in other jurisdictions, or persons who conspire with others to commit firearm related offences in South Australia or other jurisdictions; and

Offences for persons who misuse, forge, steal etc. a firearms licence or permit;

Offences for a disqualified person to be employed by or as a licensed dealer;

An offence for a company's secondary nominee to, without reasonable excuse, fail to comply with a reasonable direction of the company's principal nominee;

Offences for licensees failing to surrender firearms and ammunition etc upon licence cancellation, suspension, variation or renewal refusal;

An offence for the registered owner of a firearm failing to surrender a firearm upon cancellation of registration of the firearm;

An offence for a licensed dealer to acquire, own or possess more ammunition than is required to meet the dealer's reasonable needs in carrying on the business of a dealer for the immediately following 12 months;

Offences for persons who contravene a provision of a code of practice for the security, storage and transportation of firearms and ammunition etc.;

An offence for a person against whom an FPO is in force failing or refusing to state his or her full name, address, date of birth or the full names of persons with whom he or she resides;

An offence for a person against whom an FPO is in force failing to give written notice within 7 days of a change of his or her address;

An offence for a person who fails, without reasonable excuse, to answer questions or provide information etc. for the purpose of an investigation by the Registrar;

An offence for a person to fail, without reasonable excuse, to comply with a requirement imposed by a public safety notice; and

An offence for a licensed dealer failing to comply with a condition imposed by the Registrar in relation to a surrendered firearm etc. transferred to the dealer for disposal.

A 'code of practice' for the security of firearms, ammunition and licensed dealer's buildings intends to overhaul and enhance current security requirements and reinforce the responsibilities associated with firearm ownership and possession. This 'code of practice' will be inserted into the Firearms Regulations, when re-made, to provide clear guidelines for the security, storage and transportation of firearms and ammunition. This has been proposed as an alternative to instating a 'cap' on the number of firearms that an individual can possess at any given time. This received broad agreement from Firearms groups during consultation on the Bill. The overarching purpose of a 'code of practice' will be to require firearms owners to increase the level of security for their firearms commensurate with the level of risk those firearms represent to the community.

The Bill permits a senior police officer to issue a public safety notice to the owner or occupier of regulated premises (e.g. firearm dealership, firearm range etc.) to address a public safety concern or perceived issue of public safety. This notice can remain in force for up to 72 hours and can require the person to produce material for inspection, close the premises, cease specific activities or operations on the premises or take action in relation to the premises.

Crucial provisions expand the authorities of the Registrar to ask questions and require the production of evidence to determine whether a person should be granted, or continue to hold, a licence, permit, authorisation or approval. Additionally, the Registrar may request a licensee to conduct an audit of his or her practices with respect to the storage and safe keeping of firearms, and to report the results of the audit to the Registrar.

A prohibition on certain persons (eg a person having been found guilty of a relevant criminal offence within the preceding 5 years) from being employed by or as a licensed dealer is also included.

Reduce red tape

As a fundamental reform driver, the Bill includes provisions which aim to reduce red tape by expanding the powers of the Registrar to:

Authorise a person in writing to possess and use a sound moderator (silencer) under stringent conditions (e.g. pest control in urban environment);

Issue a permit to a foreign firearms dealer (e.g. interstate dealer) to allow the dealer to display, purchase and sell firearms, firearm parts and ammunition at a South Australian arms fair. This provision will be set out in the Firearms Regulations, when re-made; and

Issue a permit to a foreign theatrical armourer (e.g. interstate film armourer) to allow the armourer to possess and use a firearm for the purpose of film, television or theatre production in South Australia. This provision will be set out in the Firearms Regulations, when re-made.

Other regulatory efficiencies include extending the maximum terms of all firearms licences to 5 years, however the Firearms Regulations, when re-made will provide that the maximum term of a licence authorising the possession of a prescribed firearm or a category D and H firearm will be three years (currently one year). Further, the Bill permits a company to have a secondary nominee to assist the principle nominee with control of company firearms. A provision permitting the joint storage and access to firearms by multiple licensees, including farmers and employees of farmers is also proposed for the Firearms Regulations, when re-made.

The Firearms Review Committee (FRC) will also be abolished. This Bill allows for the South Australian Civil and Administrative Tribunal (SACAT) to review decisions of the Registrar, which provides an efficient and low cost review and appeal mechanism for firearm licence holders.

Overcome deficiencies

To overcome administrative, enforcement and other deficiencies, several proposals clarify and redefine provisions, terms and requirements within the Bill. Important reforms include:

Remodelling the Firearms Regulations to provide clarity regarding the types of imitation firearms falling within the definition of regulated imitation firearms, and how those firearms relate to or differ from children's toys and novelty items; and

Inserting vicarious liability provisions which state that company directors and nominees are guilty of offences committed by a company unless proved that the director or nominee could not have reasonably prevented the commission of the principle offence by the company.

Other improvements contained within the Bill include the requirement to register a deactivated and non-hand-held firearm and hold a license to possess them and an amendment to the definition of handgun to ensure that sawn down long arms are categorised as prescribed firearms and not handguns.

The Firearms Regulations, when re-made, will set out requirements for keys to firearms cabinets to be properly secured in order to prevent access by unauthorized persons.

Facilitate a nationally consistent approach to firearm control

To help achieve national consistency for firearm control, new information exchange provisions have been included in the Bill. These provisions permit the maintenance and exchange of information, material or data with other law enforcement agencies and systems, government agencies and other organisations.

Provisions which require applicants to have a genuine reason to possess or acquire a firearms licence, and possess or acquire a firearm, align the legislation with other jurisdictions. Under these provisions, the Registrar must not grant an application for a permit to acquire a firearm unless satisfied that the applicant has a genuine reason to acquire a particular firearm as well as a genuine need to acquire the firearm that cannot be met by a firearm already in the possession of the applicant. The requirement for genuine need does not apply to a category 'A' firearm.

Increase functionality of the Act

The Bill intends to create a more efficient and effective regulatory framework for firearms control, that is easy to understand, use and comply with. Important reforms contained within the proposal aim to maximise the functionality of the Act by:

Including a provision prohibiting a person from being granted a firearms licence if the applicant has been found guilty of an offence prescribed by the Regulations (disqualifying offences);

Implementing a general and ongoing firearms amnesty to allow a person who has unauthorised possession of a firearm (or firearm related item such as ammunition or sound moderator) to surrender the item at a police station; and

Enabling the Registrar to exempt a person from a provision of the Act, creating significant administrative flexibility of the legislative scheme.

Modernise the Act

Many areas within the Act have been reviewed and amended based on the need to create modern and relevant legislation, which has been a significant reform focus throughout the review process. Key reforms include:

Principles and objects which reinforce the premise that the possession and use of firearms is a privilege, conditional on the overriding need to ensure public safety;

The Firearms Regulations, when re-made, will provide a revised licensing regime incorporating 12 'authorised purpose' licence categories, inclusive of 3 new categories of 'professional shooter', 'commercial range' and 'shooting gallery';

Provision for several offences to be made expiable under the Act;

Increased maximum penalties for several offences under the Act, and

Provision for documents required or authorised to be given to or served on a person under the Act to be given or served by fax or email transmission.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Principles and objects of Act

This clause sets out the underlying principles of this measure to emphasise that firearm possession and use is a privilege that is conditional on the overriding need to ensure public safety. The principles are also to improve public safety by imposing strict controls on the possession and use of firearms and promoting the safe and responsible storage and use of firearms as well as facilitating a nationally consistent approach to firearm control. This clause also sets out the objectives of the measure which are to ensure that possession and use of automatic and self-loading rifles and shotguns is permitted only in strictly limited circumstances; to establish an integrated licensing and registration scheme for all firearms; to require a genuine reason to possess or acquire a firearm or ammunition; to provide strict requirements to be satisfied in relation to firearms and transactions and activities involving firearms including their safe and secure storage and transport; to reduce the number of firearms that are in unlawful possession in the community through a general amnesty; to prevent or restrict persons or organisations from possessing firearms for criminal purposes; to minimise the risk of persons becoming victims of crimes involving firearms and to minimise the risk of persons causing injury or harm to themselves or others by the use or threatened use of firearms.

4—Interpretation

This clause sets out the meaning of various terms in the Bill. Central to the measure is the definition of a firearm, which has been expanded from the current Act to include devices that need not be designed to be carried by hand, as well as deactivated firearms. Other important terms include the definitions of ammunition and dealer.

5—Categories and types of firearms

This clause sets out the various categories of firearms for the purposes of the measure. The categories are categories A, B, C, D, H and prescribed firearms. This clause also sets out various definitions of the types of firearms including airguns, antique firearms, handguns and pump action shotguns.

6—Possession of firearms etc

This clause sets out the meaning of possession in relation to various items for the purposes of the measure, including firearms, firearm parts, sound moderators, restricted firearm mechanisms and ammunition. A person will be taken to have possession of a particular item if the person has physical possession or control of the item. However, a person may also be taken to have possession of an item if it is in the physical possession or control of another person; if the person has and exercises access to the item or controls that access. A person who occupies, or has care, control or management of premises or is in charge of a vehicle, vessel or aircraft may also be taken to have possession of a particular item unless the person did not know or could not reasonably be expected to have known the item was present on the premises, vehicle, vessel, or aircraft, or the item can be shown to have been in the lawful possession of another. In certain circumstances set out in this clause, it may be possible for more than one person to possess a particular firearm.

7—Fit and proper person

This clause sets out the meaning of the term 'fit and proper person' for the purposes of the measure. This is relevant to the assessment of persons in relation to the granting and holding of firearms licences, permits to acquire firearms, permits to possess ammunition, as well as the issuing of firearms prohibition orders. It is also relevant in relation to the exercise of certain court and police powers to require surrender or to seize firearms and other items. If a person has been prohibited from possessing or using a firearm by a court or under another jurisdiction, or the person has a physical or mental illness such that it would be unsafe for the person to have possession of a firearm, the person will be taken to not be a fit and proper person. Other relevant factors include whether the person has been found guilty of certain offences or has failed to comply with the requirements of this measure in relation to the safe handling, use, storage or transport of firearms, or is the subject of an intervention order or restraining order, or has made threats of violence. Whether or not there is a risk the person will cause injury or harm to himself or herself or another by the use, or threatened use, of a firearm as well as the reputation, honesty and integrity of close associates of a person will also be relevant in determining if he or she a fit and proper person.

8—Application of Act

This clause sets out certain circumstances in which the measure, or certain parts of the measure will not apply. It does not apply to the Crown or to the possession of a firearm on behalf of the Crown. The measure will also not apply to the possession or use of a firearm by a person who holds (and complies with) an international visitor firearms permit, a foreign theatrical armourer permit, a foreign firearms dealer permit or the possession of a firearm by a person who holds a firearm refurbishment permit. Other circumstances where a person is able to possess or use certain firearms without being licensed include persons who are using the firearm at a commercial range or shooting gallery, provided that the operators of the range or gallery hold the necessary licence and the person is under the continuous supervision of a licensed person. Further 'exemptions' apply to the possession and use of certain firearms on the grounds of a shooting club by certain persons, the possession and use of paint-ball firearms by an accredited employee working in the business of a paint-ball operator or the supervised use of paint-ball firearms by persons over the age of 10 years undertaking paint-ball activities on the grounds of a recognised paint-ball operator (who holds the relevant firearms licence). Limited 'exemptions' also apply in relation to persons who run a transport or storage business, persons who are estate executors or administrators, persons inspecting or testing the stock of licensed firearm dealers or the holders of a foreign firearms dealer permits in certain specified circumstances, persons handling a firearm in the presence and with the consent of a licensed and registered owner, and a person undertaking safety training. This clause also provides that the measure does not apply to the possession or use of certain limited categories of firearms where the person is under the continuous supervision of an appropriately licensed person, or in the case of children aged from 10 to 17 years, a licensed parent or guardian or other licensed person approved by the parent or guardian. This clause also provides that the regulations may exempt, or empower the Registrar to exempt, classes of persons or firearms from the application of this measure, absolutely or subject to conditions. It also provides that the Registrar may exempt a specified person from a specified provision of the measure, absolutely or subject to conditions.

Part 2—Possession and use of firearms and firearms dealers

Division 1—Requirement for licence

9—Possession and use of firearms

This clause makes it an offence for a person to have possession of a firearm without holding a firearms licence that authorises possession of the firearm. It is also an offence for a person to possess or use a firearm for a purpose that is not authorised by the person's licence. The clause sets out certain circumstances that will make the offence an aggravated offence and to which higher penalties may apply. These include where the relevant firearm was, at the time of the offence, loaded or in the immediate vicinity of ammunition, or was concealed about the offender's person, or the offender committed the offence in connection with, or at the same time as, an act or omission that would constitute an offence under the Controlled Substances Act 1984.

10—Dealers

Under this clause it is an offence for a person to carry on the business of a dealer in South Australia unless he or she is licensed under this measure to do so. A person will be taken to be carrying on the business of a dealer if the person purchases or sells more than 20 firearms or firearm parts in a 12 month period, (unless all the firearms bought or sold in that period were the subject of 1 or more transactions entered into on the same day at an auction). In relation to ammunition, a person (other than a recognised firearms club) will be taken to be a dealer if the person purchases or sells more than 50 000 rounds of ammunition in a 12 month period (unless all the ammunition purchased or sold in that period was the subject of 1 or more transactions entered into on the same day at an auction).

11—Employment of persons by licensed dealers

This clause makes it an offence for a licensed dealer to employ a disqualified person in the dealer's business. This applies to all persons employed by the dealer, whether or not they will have access to firearms in the course of that employment. A disqualified person is defined to be a person who has, in the preceding 5 years, had a firearms licence cancelled, been refused an application for a licence or a permit on the grounds they are not a fit and proper person or that to grant the licence would be contrary to the public interest, or the person has been found guilty of an indictable offence, an offence under this measure or the current Act, or a prescribed offence. A person is also a disqualified person if they are the subject of a firearms prohibition order, intervention order, foreign restraining order, or a control order under the Serious and Organised Crime (Control) Act 2008 or is a member of, or a participant in, a criminal organisation. It is a defence for the dealer or the employee to prove that he or she did not know, and could not reasonably be expected to have known that the person was a disqualified person. It is also an offence under this clause for a dealer to employ a person in the business of the dealer who will, in the course of the person's employment, have access to firearms or ammunition unless the employee holds a licence authorising him or her to carry on business as a dealer or to possess and use firearms or possess ammunition as an employee of a licensed dealer.

Division 2—Categories of licence and authorised purposes

12—Licence categories and authorised purposes

This clause provides that a firearms licence may authorise the licensee to possess a particular firearm or category of firearm for a purpose authorised under the licence or to possess a particular category of firearm or firearm part or ammunition for the purpose of carrying on the business of a dealer or as an employee of a dealer. The clause provides that the regulations may set out the categories of licence and which category of firearms the possession or use of which may be authorised in relation to each category. The regulations may also set out the purpose for which the possession or use of a firearm may be authorised in relation to each category of licence, or authorise the Registrar to specify the purpose for which possession or use of a firearm may be authorised by a particular category of licence.

Division 3—General provisions relating to licences

13—Division applies to initial grant and renewal

This clause provides that this Division applies in relation to the initial grant of a licence and the renewal of a licence.

14—Applications for licences

An application for a firearms licence is to be made to the Registrar in a manner and form approved by the Registrar. The application is to be accompanied by any required documents and the prescribed fee. An applicant may be required by the Registrar to furnish any information the Registrar requires to determine the application. If a person's firearms licence has been cancelled under clause 20(6) or (7) of this measure, an application for a licence cannot be made by the person for 3 years following the cancellation.

15—Grant of licences

The Registrar may only refuse an application for a firearms licence if he or she is not satisfied—

that the applicant made the application in accordance with the Act and met the requirements of the Registrar in connection with the application; or

that the applicant is a fit and proper person to hold the licence; or

that the applicant has a genuine reason to possess a firearm to which the application relates; or

that the applicant could use a firearm to which the application relates for the purpose that would be authorised by the licence; or

that the applicant has, in relation to a licence held by the person under this measure or the current Act complied with or satisfied the requirements of this measure or the current Act or the conditions of the licence; or

that the applicant will comply with or satisfy the requirements of this measure or the conditions of the licence; or

in the case of an application to be a licensed dealer—

that the applicant is to be primarily responsible for the management of the business that would be carried on under the licence; or

that the applicant has sufficient business knowledge and experience and financial resources for the purpose of properly conducting the proposed business; or

that the premises at which the applicant proposes carrying on the business are appropriate for the purpose; or

in relation to an application for a licence authorising the person to possess and use firearms as an employee of a licensed dealer, that the applicant is not a disqualified person; or

in the case of an application by a natural person—

that the applicant has established his or her identity, date of birth and residential and postal addresses (the Registrar may require the applicant to provide evidence of identity in the same manner as would be required for the opening of an account at an ADI); or

that the applicant is an Australian citizen or permanent resident usually resident in South Australia; or

that the applicant has successfully completed training in the safe handling, use, storage and transport of firearms as required under the regulations; or

that the Registrar would be prepared to grant a permit to acquire a firearm of a category that the applicant would be authorised to possess under the licence if it were granted; or

that the applicant meets a prescribed requirement; or

that to grant the licence would be in the public interest.

If the ground on which the Registrar refuses an application is that he or she is not satisfied that to grant the licence would be in the public interest, and the decision was made because of information classified as criminal intelligence, there is no requirement for the Registrar to provide the applicant with reasons for the decision other than that the decision was made on public interest grounds.

An application for a licence must not be granted if the applicant has been found guilty of a prescribed offence within the 5 years preceding the application.

An application for a firearms licence cannot be granted until at least 28 days have passed since the date of the application. This does not apply in relation to an application for the renewal of a licence. If a licence has not been granted within 6 months after an application has been made, the Registrar will be taken to have refused the application. A licence does not come into force until the prescribed licence fee has been paid.

16—Nominees of licensed companies

This clause makes it a condition of a licence held by a company that the company must have a principal nominee approved by the Registrar in accordance with the regulations. The Registrar may also approve additional persons as a company's secondary nominees to assist the principal nominee in exercising his or her powers and performing his or her functions. The nominees must hold firearms licences that authorise possession of the firearms in the possession of the company for the purpose for which the company is authorised by its licence to have possession of the firearms. The nominees must also be officers or employees of the company who are Australian citizens or permanent residents usually resident in South Australia. The principal nominee must exercise control on behalf of the company over the firearms in the possession of the company under its licence and is required to keep a record of those firearms. A secondary nominee is subject to the direction of the principal nominee and must not, without reasonable excuse, fail to comply with any reasonable direction of the principal nominee in assisting him or her.

17—Term and renewal of licence

This clause provides that a firearms licence authorising only possession of category A, B or C firearms, or authorising a person to carry on the business of a dealer, remains in force for a maximum of 5 years. A licence authorising possession of firearms of another category remains in force for a term not exceeding the term prescribed by the regulations. The prescribed term may not exceed 5 years. A licence may be renewed from time to time.

18—Limitations and conditions of licences

This clause provides that a firearms licence does not authorise the possession and use of a firearm acquired by the licensee if it was obtained by the licensee in contravention of Part 3, which prescribes the process for acquisition of firearms.

This clause also sets out conditions to which all firearms licences are subject and include that:

the licensee must on the request of the Registrar provide the Registrar with information relating to any firearm registered in the licensee's name or possession, the licensee's use of the firearm or a matter relevant to whether the person is a fit and proper person to hold the licence;

the licensee must, in accordance with a written request of the Registrar, conduct an audit of the licensee's practices with respect to the storage and safe keeping of the firearms in the licensee's possession, and report to the Registrar the results of the audit, in the manner and within the time specified by the Registrar;

the licensee must allow a police officer to inspect, at any reasonable time, the firearms in the licensee's possession and the licensee's facilities for the storage and safe keeping of the firearms.

The licence is also subject to any limitations or conditions prescribed by the regulations or imposed by the Registrar.

19—Breach of conditions

It is an offence under this clause for a licensee to fail to comply with a condition of the licence.

20—Variation, cancellation and suspension of licences

This clause authorises variation of a firearms licence by the Registrar. A variation may be made on the Registrar's own initiative or on application. The variation may consist of the imposition of a limitation or condition of the licence or the variation or revocation of an existing limitation or condition. A variation may also be in respect of the firearms to which the licence relates or it may be to revoke or add a purpose for which a firearm may be possessed under the licence (although the Registrar may require an applicant to proceed instead by way of application for a licence). A variation of a licence during the term of the licence does not operate until the Registrar has given the licensee written notice of the variation.

The clause also provides that a firearms licence may be cancelled by the Registrar—

if satisfied that the licensee obtained the licence improperly; or

if satisfied that the licensee has not used a firearm for the purpose authorised by the licence; or

if satisfied that the licensee has failed to comply with or satisfy the requirements of the Act or the conditions of the licence; or

on any ground on which the Registrar might refuse an application by the licensee for such a licence.

The Registrar must cancel a licence if the licensee is found guilty of a prescribed offence committed following the commencement of the measure.

A firearms licence may be suspended by the Registrar pending an investigation as to whether grounds exist for action against the licensee.

Where grounds exist for cancelling a licence (other than in the case of being found guilty of a prescribed offence) the Registrar may instead limit the firearms that may be possessed or used by the licensee under the licence.

The cancellation, variation or suspension of a licence under this clause (other than a variation or cancellation of a licence on the application of a person) is to be done by written notice served on the licensee. The reasons for a cancellation or variation of a license must be set out in the notice. However, if the decision to cancel or vary a licence is made because of information classified by the Registrar as criminal intelligence, the Registrar is not required to give any reasons for the decision other than that the decision was made on public interest grounds under this clause.

A firearms licence may be cancelled by the Registrar on the application of the licensee. The suspension of a licence may be revoked by the Registrar on his or her own initiative or on application by the person whose licence is suspended.

Where a person was authorised by a licence to use a firearm as a member of a recognised firearms club, or in the course of the person's employment, and as a result of the cancellation, suspension or variation of the person's licence he or she is no longer authorised to do so, the Registrar must inform the club or the employer of that cancellation, suspension or variation.

21—Surrender of firearms etc when licence cancelled, suspended etc

This clause provides that if a person's firearms licence is cancelled, suspended or varied, or an application for renewal of a licence is refused, the person must surrender to the Registrar all firearms, firearm parts, sound moderators and ammunition owned by or in the possession of the person that the person is no longer authorised to possess. If served personally with the notice of cancellation, suspension, variation or refusal the person must surrender the items immediately, or in the case of a notice served by registered post, within 7 days of that service.

Part 3—Acquisition, supply and transfer of possession of firearms

22—Trafficking in firearms

This clause specifies requirements in relation to the acquisition of firearms. A person who acquires a firearm is guilty of an offence unless the person is authorised by a permit to acquire the firearm. The person is also guilty of an offence if he or she fails to comply with the prescribed process for acquisition of a firearm set out in the regulations. If a person acquires a firearm without a permit, or if there is a failure to comply with the prescribed process, the following are each guilty of an offence:

the person who supplied the firearm;

a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of acquisition or supply of the firearm;

a person who knowingly provided or arranged finance for a step in the process of acquisition or supply of the firearm;

a person who knowingly provided the premises in which a step in the process of acquisition or supply of the firearm was taken, or allowed a step in the process of acquisition or supply of the firearm to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.

The requirements specified in this clause in relation to acquisition of a firearm do not apply to the acquisition of a firearm by a licensed dealer in the ordinary course of the dealer's business under the licence. Further, the requirement for compliance with the prescribed process for acquisition of a firearm does not apply to the acquisition of a firearm from a licensed dealer in the ordinary course of the dealer's business under the licence, including the acquisition of a firearm from a licensed dealer as the agent of the owner of the firearm.

The clause includes a number of defences to charges of the offences mentioned above. For example, a defence applies if the acquisition of a firearm was pursuant to a loan or hire agreement made for the purpose of a business between persons, and each of the persons was engaged in the same business and authorised by a firearms licence to possess the firearm for use in the business. If the agreement is an oral agreement, the agreement must be for the return of the firearm to the owner within 10 days. If the agreement is in writing, the agreement must be for the return of the firearm to the owner within 28 days.

A similar defence applies in relation to the loan or hire of a category A, B or H firearm by a person where the agreement is between the owner of the firearm and a person who holds a firearms licence. The agreement must be to use the firearm for a specified purpose and to return the firearm after 10 days in the case of an oral agreement, or 28 days in the case of a written agreement. In such a case, the owner must have inspected the licence of the person borrowing or hiring the firearm and been satisfied the person was authorised to possess the firearm for the agreed purpose. Records of written agreements must be kept in accordance with the regulations.

The regulations may prescribe other circumstances of an acquisition in which a defence applies.

The clause also provides that a licensed dealer is guilty of an offence if a firearm is acquired by or from the dealer in the ordinary course of the dealer's business under the licence and the dealer fails to comply with the requirements prescribed by the regulations.

23—Permits to acquire firearms

This clause specifies the requirements that apply in relation to applications for permits to acquire firearms.

An application is to be made to the Registrar who may only refuse the application if—

the applicant has not been made in accordance with the Act or has not met the requirements of the Registrar; or

the applicant does not hold a firearms licence that authorises possession of the firearm; or

the Registrar is not satisfied that the applicant is a fit and proper person to acquire the firearm; or

the Registrar is not satisfied that the applicant has a genuine reason to acquire the firearm and a genuine need to acquire the firearm that cannot be met by a firearm already in the possession of the applicant; or

the Registrar is not satisfied that the applicant could use the firearm for the purpose authorised by the applicant's firearms licence; or

the Registrar is not satisfied that the applicant will comply with or satisfy a condition of the licence or a requirement of this measure relevant to the firearm; or

the Registrar is of the opinion that the firearm is particularly dangerous or is otherwise unsuitable for the purpose for which it is intended to be used by reason of its design, construction or any other factor; or

the Registrar is of the opinion that the firearm could easily be converted to an automatic firearm; or

the Registrar is of the opinion that, by reason of the firearm's size or any other factor, the firearm could be more readily concealed than other firearms of the same category or would be particularly suited to unlawful use; or

the applicant has in the past acquired a firearm that he or she failed to produce to the Registrar for registration or has been guilty of any other offence under this measure or the repealed Act; or

the Registrar is not satisfied that the applicant will comply with or satisfy a requirement of this measure Act relevant to the firearm; or

the Registrar is not satisfied that the applicant meets a prescribed requirement.

24—Cancellation or suspension of permit

This clause provides that the Registrar may cancel a permit to acquire a firearm if the permit holder has failed to comply with a provision of the measure, or if the Registrar is satisfied that the permit was obtained improperly or on any ground on which the Registrar may refuse an application for the permit.

25—Transfer of possession of firearms

This clause sets out the circumstances in which the owner of a firearm may transfer possession of the firearm to another person. These include where a person is selling, giving, lending or hiring a firearm to another person (in compliance with the requirements of this measure in relation to acquisition and supply), or if the person is a licensed dealer and the firearm is being transferred by the owner to enable the firearm to be repaired, modified, tested or displayed on behalf of the owner for the purposes of sale by the dealer. The transfer of possession of a firearm may also occur in circumstances where this measure does not apply to the possession or handling of the firearm under clause 8, or in circumstances prescribed by the regulations. The regulations may make provision for what constitutes possession of a firearm for the purposes of this clause.

Part 4—Registration of firearms

26—Application of Part

This clause specifies that this Part does not apply to a firearm in the possession of a licensed dealer in the ordinary course of the person's business under the licence, or a firearm in the possession of a person in prescribed circumstances. The Part also does not apply to a receiver in the possession of a person in whose name a firearm of which the receiver forms part is registered.

27—Requirement to register firearms

Under this clause, a person is guilty of an offence if he or she has possession of an unregistered firearm. A person charged with this offence has a defence if he or she proves that the firearm lawfully came into his or her possession not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered by the time of the alleged offence.

A person is also guilty of an offence under the clause if he or she is the owner of a firearm that is not registered in his or her name (unless registration of the firearm is cancelled on the grounds that the owner reported it lost or stolen under clause 30 or the person is an owner of the firearm in a representative capacity—for example as an executor of an estate).

A person charged with that offence has a defence if he or she proves that ownership of the firearm lawfully passed to him or her not more than 14 days before the alleged date of the offence and that it was not reasonably practicable in the circumstances for the firearm to be registered in his or her name by the time of the alleged offence.

28—Registration of firearms

This clause sets out the process for registration of firearms. Application for registration is to be made to the Registrar who may only refuse an application if satisfied that—

acquisition of the firearm by the applicant was not authorised by a permit in contravention of the measure; or

the applicant improperly obtained a permit to acquire the firearm; or

the applicant would not, having regard to the firearm sought to be registered and the current circumstances, be entitled to be granted a permit to acquire the firearm; or

the applicant is not the owner of the firearm; or

the firearm does not have an identifying mark as required under clause 29.

29—Registered firearms to have identifying marks

This clause requires a firearm that is required to be registered under this measure to have an identifying mark that complies with the requirements of this clause. The identifying mark must comply with the following:

the mark must consist of a number, or a combination of a number and a letter or letters, that is of at least 4 characters and unique to the firearm;

the mark must be stamped or engraved into part of the metal structure of the firearm on the outside surface of the firearm where it can be easily seen and, if possible, on the receiver of the firearm;

the characters must be at least 2 millimetres in height and must be stamped to form an indentation to a depth, or be engraved to a depth, of at least 0.5 millimetres.

A firearm will be taken to have an identifying mark that complies with the above requirements if it is identified in some other way approved by the Registrar.

If a firearm that is produced for registration does not have the required identifying mark, the Registrar is required to give directions as to the form of the identifying mark for the firearm. The owner of the firearm must produce the firearm to a police officer within 14 days with an identifying mark in compliance with the Registrar's directions. Failure to do so is an offence.

It is also an offence for a person to deface, alter or remove the identifying mark of a firearm without the authority of the Registrar or to have possession of a firearm that does not have an identifying mark as required. A firearm does not have an identifying mark as required if the identifying mark has been defaced, altered or removed without the authority of the Registrar.

30—Cancellation of registration

Under this clause, the Registrar may cancel the registration of a firearm if satisfied that, having regard to the firearm and the current circumstances, the person in whose name the firearm is registered would not be entitled to obtain registration of the firearm. The cancellation is to be by written notice, which must set out the reasons for the cancellation, served personally or by registered post on the person. If the decision to cancel the registration of a firearm is based on criminal intelligence, the Registrar is not required to give any reasons other than that the decision was made on public interest grounds. If served with notice of the cancellation of registration personally, the person is required to surrender the firearm to the Registrar immediately, or within 7 days if the cancellation notice was served by registered post.

If a person ceases to be the owner of a firearm, registration of the firearm in that person's name is cancelled by registration of the firearm in the name of the subsequent owner. If the registered owner of a firearm gives the Registrar written notice of the loss or theft of the firearm, registration of the firearm is cancelled on receipt of the notice by the Registrar.

Part 5—Acquisition and possession of ammunition

31—Acquisition and possession of ammunition

This clause makes it an offence for a person to acquire, own or possess ammunition unless he or she holds—

a firearms licence (other than a collectors licence) that authorises possession of a firearm of a category designed to fire the ammunition; or

a firearms licence authorising possession of a prescribed firearm designed to fire the ammunition and the use of the ammunition would not be in contravention of a condition of the licence; or

a permit granted by the Registrar that authorises the person to acquire ammunition of that kind.

The clause does not apply to the acquisition, ownership or possession of ammunition—

by a licensed dealer in the ordinary course of business under the licence; or

by a shooting club for distribution to members of, or visitors to, the club (including where that member of visitor is under the age of 18, but subject to the prohibition on selling ammunition to a minor); or

by a person for use by that person in a firearm in circumstances in which that person is not required by this Act to hold a firearms licence.

The clause also does not apply to the acquisition of ammunition by a member of a shooting club from the club or the acquisition of ammunition from a shooting club by a visitor to the club for use on the grounds of the club in a manner authorised by the club. This includes member of visitor under the age of 18, provided that the person does not purchase or own the ammunition.

In proceedings for this offence, the onus is on the defendant to establish that he or she held the required licence or permit when the ammunition was acquired, owned or possessed or that the acquisition, ownership or possession of ammunition was excluded from the application of the clause.

It is also an offence for a person who supplies ammunition to another person who is not authorised to possess the ammunition.

A person who has possession of ammunition is guilty of an offence if the ammunition was acquired by another person in contravention of this clause. However, it is a defence for the defendant to prove that he or she did not know and could not reasonably be expected to have known that the ammunition was acquired by the person in contravention of this clause.

The clause also provides that if the Registrar cancels, suspends or refuses to renew a permit authorising possession of ammunition, the Registrar may authorise the person who held, or applied for renewal of, the permit to retain the ammunition for disposal, or transfer the ammunition to a licensed dealer for disposal or safekeeping, in accordance with the directions of the Registrar. No criminal liability attaches to the person in so far as the person complies with the authorisation and any directions.

Despite anything in this clause, a person under the age of 18 years is not permitted to purchase ammunition and it is an offence to sell ammunition to such a person.

32—Permits to possess ammunition

This clause sets out the application process for a permit to possess ammunition.

The Registrar may refuse an application for a permit to acquire ammunition if he or she is not satisfied that the applicant is a fit and proper person to have possession of ammunition of the kind to which the application relates or that the applicant has a genuine reason to acquire the ammunition.

A person will have a genuine reason to possess ammunition if the person genuinely intends to use it for a purpose for which the possession of a firearm is authorised under a licence held by the applicant, a purpose prescribed by the regulations or approved by the Registrar, or has a genuine interest in collecting ammunition of historical or other significance.

A permit to possess ammunition is subject to any limitations or conditions prescribed by the regulations or imposed by the Registrar.

33—Cancellation or suspension of permit

Under this clause, the Registrar may cancel a permit authorising the possession of ammunition if the holder of the permit has failed to comply with a provision of this measure or a condition of the permit or the Registrar is not satisfied that the holder is a fit and proper person to hold the permit. The Registrar may suspend the permit pending an investigation as to whether the permit should be cancelled. Cancellation or suspension is to be by written notice, served personally or by registered post on the holder. The notice cancelling the permit must set out the reasons of the Registrar. If the permit is cancelled on the basis of information classified as criminal intelligence, the Registrar is not required to give any reasons other than that the decision was made on public interest grounds. The Registrar may revoke the suspension of a permit on his or her own initiative or on application by the person whose permit is suspended.

34—Restriction on quantity and possession of certain ammunition

This clause makes it an offence for a person to acquire or own or have possession of more ammunition than is required to meet his or her reasonable needs in making lawful use of a firearm for the immediately following 12 months. A licensed dealer who acquires, owns or has possession of more ammunition than is required to meet the dealer's reasonable need in carrying on the business of a dealer for the immediately following 12 months is also guilty of an offence. The regulations may prescribe limits on the quantity of ammunition of any kind that a person, or a person of a particular class, may acquire during a specified period or may own or have in his or her possession at any one time. If a person acquires or owns or has possession of ammunition in contravention of a regulation, he or she is guilty of an offence.

Part 6—Code of practice for security, storage and transport of firearms and ammunition

35—Code of practice

This clause provides that the regulations may set out a code of practice for the purposes of this Part.

The code of practice may specify requirements—

in relation to the security and storage of firearms, ammunition, firearm parts, sound moderators, restricted firearm mechanisms; and

in relation to the transportation of firearms, ammunition, firearm parts, sound moderators, restricted firearm mechanisms; and

the keeping of records and provision of information to the Registrar in relation to the security, storage, location and transportation of firearms, ammunition, firearm parts, sound moderators, restricted firearm mechanisms; and

in relation to the joint liability of persons for contraventions of the code.

The code may also declare that a contravention of the code is a particular category of offence. The clause also provides that a person who contravenes a provision of the code is guilty of an offence and sets out the penalties that apply in relation to the specified categories of offence.

36—Exemption from code

This clause provides that the Registrar may exempt a person from compliance with the code of practice or a provision of the code subject to such conditions as he or she thinks fit and may vary or revoke an exemption at any time.

Part 7—Prohibited practices relating to firearms and ammunition

37—Manufacture of firearms, firearm parts or sound moderators

It is an offence under this clause for a person to manufacture a firearm, firearm part or sound moderator. This does not apply to the manufacture of a firearm or firearm part by a person in accordance with a licence held by the person or the manufacture of a sound moderator with the written approval of the Registrar. If a person manufactures a firearm or firearm part in contravention of the prohibition, the following persons are each guilty of an offence:

a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of manufacture of the firearm, firearm part or sound moderator;

a person who knowingly provided or arranged finance for a step in the process of manufacture of the firearm, firearm part or sound moderator;

a person who knowingly provided the premises in which a step in the process of manufacture of the firearm, firearm part or sound moderator was taken, or allowed a step in the process of manufacture of the firearm, firearm part or sound moderator to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.

The clause includes a defence to a charge of an offence under the clause. It is a defence to prove that, in the case of a firearm part, the firearm part was a part for a firearm registered in the name of, or otherwise in the lawful possession of, the person who manufactured the firearm part. It is also a defence to prove that the firearm part was for a firearm registered in the name of a company of which the person was an officer or employee and he or she was the holder of a relevant licence and the firearm part was manufactured in the course of his or her duties as an officer or employee.

38—Alteration of firearms

It is an offence under this clause for a person, without the approval of the Registrar, to alter a firearm that has been rendered unusable if, as a result of the alteration, the firearm becomes capable of being used as a firearm. It is also an offence to alter a firearm if, as a result of the alteration, the firearm becomes a firearm of a different category, unless the person is authorised to possess firearms of the category to which the firearm belongs before and after the alteration and the alteration has been approved by the Registrar or is permitted under the Regulations.

39—Possession etc of sound moderator and certain parts of firearms

This clause makes it an offence for a person, without the written approval of the Registrar, to acquire, own or have possession of a sound moderator, or restricted firearm mechanism that can be fitted to a firearm to convert it to an automatic firearm or a mechanism that, when fitted to a suitable firearm, will enable the firearm to fire grenades or other explosive projectiles.

It is also an offence for a person who is approved by the Registrar to acquire, own or possess a sound moderator, or a restricted firearm mechanism to use the sound moderator, or restricted firearm mechanism or other fitting for a purpose or in circumstances other than as specified by the Registrar for the purposes of the approval.

An approval for a person to acquire, own or possess a sound moderator may only be granted if the Registrar is satisfied:

the person intends to possess or use it for the purpose of culling or destroying animals on Crown land pursuant to a contract or agreement with an agency or instrumentality of the Crown and that agency or instrumentality genuinely needs the person to use a sound moderator; or

the person is the operator or employee of a pest control business and needs the sound moderator to cull or destroy animals in a built-up urban environment and there is a need to avoid disturbing the peace; or

the person is a licensed dealer who sells or hires sound moderators as a part of the dealer's business to persons who hold an approval.

The Registrar must also be satisfied there is no reasonable alternative to the use of the sound moderator by the person for the purpose or in the circumstances for which the approval is to be given.

It is also a requirement under this clause for a person who is approved by the Registrar to have possession of a sound moderator to produce the sound moderator, within 14 days of coming into possession of it, to a police officer with an identifying mark that complies with the requirements of the Registrar. This requirement does not apply to a licensed dealer who has possession of the sound moderator for the purpose of sale, or an approved person who is hiring it from a dealer. It is an offence to deface, alter or remove an identifying mark without the authority of the Registrar. The regulations may make provision in relation to the grant, variation and cancellation of, and the imposition of conditions or limitations on, approvals.

40—Possession etc of prohibited firearm accessory

It is an offence under this clause for a person to acquire, own or possess a prohibited firearm accessory.

41—Assembly of ammunition

This clause of the Bill makes it an offence to assemble ammunition unless the assembly is—

by a licensee for use by the licensee in a firearm lawfully in his or her possession in circumstances in which the licensee is authorised to use the firearm; or

by a licensee for use by another licensee in a firearm lawfully in the possession of the other licensee in circumstances in which the other licensee is authorised to use the firearm; or

by another person in a firearm in circumstances in which the other person is authorised under this measure to use the firearm but not required by this measure to hold a firearms licence; or

by a person for use by the person in a firearm in circumstances in which the person is authorised under this Act to use the firearm but not required by this Act to hold a firearms licence; or

by a person, or a person of a class, or in circumstances, prescribed by the regulations.

However, it is not permissible to assemble ammunition—

for the purpose of supply to a person who is not permitted to possess or acquire the ammunition under this measure; or

by a person excluded, or of a class of persons excluded, from the operation of this subsection by the regulations.

If a person assembles ammunition in contravention of this clause, the following persons are each guilty of an offence:

a person who knowingly took, or participated in, a step, or caused a step to be taken, in the process of assembly of the ammunition;

a person who knowingly provided or arranged finance for a step in the process of assembly of the ammunition;

a person who knowingly provided the premises in which a step in the process of assembly of the ammunition was taken, or allowed a step in the process of assembly of the ammunition to be taken in premises of which the person was an owner, lessee or occupier or of which the person had care, control or management.

The onus is on the defendant to prove that the person who assembled the ammunition was entitled to do so under this clause.

The clause defines 'assembly of ammunition' to mean the combining of a cartridge case and at least 1 other component of ammunition into a single article that is suitable for use in a firearm.

42—Handling firearms when under influence of intoxicating liquor or drug

This clause provides that a person who handles a firearm while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm is guilty of an offence if—

a round is in the breech, barrel or chamber or the magazine of the firearm; or

the person has physical possession or control of ammunition that can be used in the firearm.

It is also an offence under this clause for a person to deliver a firearm into the physical possession or control of a person who is so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the firearm if—

a round is in the breech, barrel or chamber or the magazine of the firearm; or

the person delivers ammunition that can be used in the firearm into the physical possession or control of the other person or the other person has or can readily obtain physical possession or control of ammunition that can be used in the firearm.

This clause also provides that the regulations may empower police officers to conduct alcohol and drug testing of persons in possession of firearms and create evidentiary presumptions relating to the tests and their results.

Part 8—Firearms prohibition orders

43—Interim firearms prohibition order issued by police officer

This provision provides that a police officer may issue an interim firearms prohibition order against a person if the officer suspects on reasonable grounds that possession of a firearm by the person would be likely to result in undue danger to life or property or that the person is not a fit and proper person to possess a firearm. If the officer is below the rank of sergeant, the officer must obtain the authorisation of an officer of or above that rank. As under section 10A of the current Act, the interim order applies to a person as soon as it is issued, but does not come into force until it is served personally on the person. In order to serve an interim order against a person, the officer may require the person to remain at a particular place while the order is prepared or to accompany the officer to the nearest police station for the order to be served. If the person refuses to comply with a request, the officer may arrest and detain the person in custody for a maximum of 2 hours as is necessary for the order to be served. If a person accompanies a police officer to a police station, a police officer must ensure that the person is returned to the place where the requirement was made or some other place near to that place. The person is also required to give the Registrar notice in writing of his or her address for service and the interim order will have effect for 28 days from that notification. The Registrar also has the power on his or her own initiative to revoke an interim firearms prohibition order by written notice to the person.

44—Firearms prohibition order issued by Registrar

Under this clause, the Registrar may issue a firearms prohibition order against a person if the Registrar is satisfied that—

possession of a firearm by the person would be likely to result in undue danger to life or property; or

the person is not a fit and proper person to possess a firearm and it is in the public interest to do so; or

the person is a member of, or a participant in, a criminal organisation, or has been a member of an organisation that, at the time the order is issued, is a criminal organisation or is the subject of a control order under the Serious and Organised Crime (Control) Act 2008.

As under the current Act, the order will apply to the person as soon as it is issued but only comes into force against the person when it is served personally on the person. However, if a person has an interim firearms prohibition order against them the firearms prohibition order will be taken to be served on them if it is served by registered post at the address for service already notified to the Registrar under clause 43.

If a police officer believes that a firearms prohibition order applies to a person but has not been served on them, the officer may require the person to remain at a particular place for up to 2 hours, so that the order can be served on the person, or require the person to accompany the officer to the nearest police station for the order to be served. If the person refuses, the officer may arrest and detain the person for up to 2 hours. If a person accompanies a police officer to a police station, a police officer must ensure that the person is returned to the place where the requirement was made or some other place near to that place.

The order, when served on the person must be accompanied by a notice setting our the Registrar's reasons for issuing the order and in the case of an order issued on the basis of information classified as criminal intelligence, that the order is issued on public interest grounds.

The person is required to give the Registrar notice in writing of his or her address for service if the person has not already done so. The Registrar has the power on his or her own initiative to revoke a firearms prohibition order by written notice to the person.

For the purposes of this clause, a person is presumed, in the absence of proof to the contrary, to be a member of an organisation at a particular time if the person is, at that time, displaying (whether on an article of clothing, as a tattoo or otherwise) the insignia of that organisation.

45—Effect of firearms prohibition order

This clause sets out the effect of a firearms prohibition order against a person. Under such an order, any licence or permit held by the person under this measure is suspended. The person is also prohibited from acquiring, possessing or using a firearm, firearm part, sound moderator or ammunition. The person must also immediately surrender to the Registrar all firearms, firearm parts, sound moderators and ammunition owned by or in the possession of the person. It is also an offence for the person to be at the grounds of a firearms club or paint-ball operator or a commercial range or a shooting gallery, arms fair or at a place where a business of repairing, modifying or testing firearms, firearm parts or ammunition is carried on or where any of these things are bought, sold or hired. The person must also not be present at a place where a person manufactures a firearm, firearm part or sound moderator or at a place at which a person carries on the business of refurbishing firearms. The person is also prohibited from becoming or remaining as a member of a firearms club and must not be in the company of a person who has physical possession or control of a firearm (unless the person proves they could not reasonably have known that fact).

A person against whom a firearms prohibition order is in force must also not be present or reside at premises on which there is a firearm, firearm part, sound moderator or ammunition (unless the person proves they could not reasonably have known that fact). The person is also required to inform any person over the age of 18 years that they reside with, or propose to reside with, that they have a firearm prohibition order against them and must ask each such person if he or she has or proposes to have a firearm, firearm part, sound moderator or ammunition on the premises.

It is also an offence for a person to supply a firearm, firearm part, sound moderator or ammunition to a person who is subject to a firearm prohibition order, or permit such a person to gain possession of these things. Furthermore, a person commits an offence if a person who has physical possession or control of a firearm is in the company of a person who is subject to a prohibition order, or brings a firearm, firearm part, sound moderator or ammunition on to premises at which the person resides. It is a defence to prove that the person did not know or could not have been reasonably expected to know that the prohibition order applied to the person. As under the current Act, the Registrar has the power to exempt a person from a particular provision of this clause.

Under this clause, a police officer may require a person he or she suspects on reasonable grounds is subject to a firearms prohibition order to state his or her name, address and date of birth as well as the names of the persons with which the person resides. Any change of address of the person must be notified to the Registrar within 7 days.

Part 9—Reviews

46—Review of interim firearms prohibition order by Registrar

This clause replicates section 26A of the current Act and provides that a person may seek a review by the Registrar of a decision to issue an interim firearms prohibition order against them. On review, the Registrar has the power to affirm or revoke the interim firearms prohibition order.

47—Review by Tribunal

This clause provides that a person aggrieved by certain decisions of the Registrar may apply to the South Australian Civil and Administrative Tribunal (SACAT) for review. The Firearms Review Committee, which reviews decisions of the Registrar under the current Act will no longer exist under this measure. Reviewable decisions of the Registrar by SACAT include decisions refusing to grant or renew a licence, permit or registration, or a decision to suspend or cancel a licence, permit or registration. Other reviewable decisions include the decision to vary a licence or impose conditions or limitations on a licence or permit (other than a prescribed limitation or condition) or a decision to refuse to revoke a suspension of a licence or permit. A decision of the Registrar to refuse to approve a person as a company's principal or secondary nominee or to revoke such an approval is also reviewable, as is the decision to issue a firearms prohibition order. The regulations may also declare other decisions of the Registrar to be reviewable, including decisions of the Registrar made under the regulations. If the Registrar did not provide reasons at the time the relevant decision was made, a person may request those reasons within 28 days of the decision. However, if the decision was made because of information classified by the Registrar as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds. The Tribunal may on the application of the Registrar give directions in relation to a requirement to give reasons in order to ensure that an investigation of the Registrar following a suspension of a licence or permit is not compromised. The application for review must be made within 28 days of the making of the decision, or if a request for reasons was made, within 28 days of receiving those reasons.

48—Related provisions

This clause provides that an application may be made by the Registrar for steps to be taken to maintain the confidentiality of information classified by the Registrar as criminal intelligence in proceedings before SACAT and also the Supreme Court in relation to any matters that are appealed to the Court under section 71 of the South Australian Civil and Administrative Tribunal Act 2013.

Part 10—Administration

49—Registrar

As with the current Act, the Registrar of firearms is the Commissioner of Police. This provision also provides that a power or function of the Commissioner may be delegated, either absolutely or conditionally. If the instrument of delegation provides, then a delegated power or function may be further delegated. The function of classifying criminal information as criminal intelligence or the power to issue an exemption under clause 8(6) may only be delegated to a Deputy Commissioner or Assistant Commissioner of Police.

50—Registers

This provision provides that the Registrar must maintain a register of licences and registered firearms, as well as a register of firearms prohibition orders issued under the measure. The Registrar may permit inspection of the register or part of the register if satisfied the person has a proper interest. A register of firearms prohibition orders must be made available to the public. However, the Registrar may determine that there is to be no public access to certain entries on a register or that access to certain entries is to be restricted to specified persons or classes of persons.

51—Provision of information by government agencies etc to Registrar

An agency or instrumentality of the Crown in right of this State must, at the request of the Registrar, provide the Registrar with information, reports or other documents relating to the possession, use or management of firearms, firearm parts and ammunition in possession of the agency or instrumentality.

52—Exchange of information with agencies etc

This clause provides that the Registrar may enter into an agreement or arrangement providing for the exchange of information held or obtained in the course of the administration or enforcement of this measure with an agency or instrumentality (whether in this State, the Commonwealth, another State or Territory of the Commonwealth or another jurisdiction) or some other prescribed body or person.

53—Power of Registrar to require medical examination or medical report

This provision provides that the Registrar may request that a person have a medical examination or provide a medical report, including submitting to a blood test or other prescribed procedure, for the purposes of determining whether or not a person is a fit and proper person for the purposes of this measure.

54—Power of Registrar to investigate

This clause provides the power for the Registrar (or a person authorised by the Registrar), for the purpose of determining whether a person should be granted or continue to hold a licence, permit, authorisation or approval under this measure, or whether such an instrument should be varied, to—

require a person to answer questions, and for that purpose to attend at a particular place and time reasonably required by the Registrar;

to provide information, or produce material for inspection reasonably required by the Registrar;

to enter and inspect premises at a reasonable time and seize anything found on the premises that the Registrar reasonably believes may assist in making a determination. The permission of the occupier or a warrant is required, in the case of entering or inspecting premises. The Registrar may retain material for such reasonable period as the Registrar thinks fit and also make copies.

It is an offence to fail to comply with a requirement under this clause without reasonable excuse.

55—Power of police officer to require information

Under this clause, a police officer may require a person, who the officer suspects on reasonable grounds has knowledge of matters in respect of which information is reasonably required for the administration and enforcement of this measure, to answer questions, state the person's name, address and date of birth and produce evidence of the person's identity. If a police officer reasonably suspects that—

a person has or has recently had a firearm or firearm related item in his or her possession; or

a person was in the company of a person who has or has recently had a firearm or firearm related item in his or her possession; or

a person occupied or was in charge of premises, a vehicle, vessel or aircraft on which a firearm or firearm related item was found; or

a person is or was on or in any premises, vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) at the time or immediately before a firearm or firearm related item was found on or in the premises, vehicle, vessel or aircraft,

the police officer may require the person to state his or her name, address, and date of birth, and whether he or she is the owner of the firearm or firearm related item and if not, to state the owner of the firearm or firearm related item. The person may also be required to answer questions relating to the firearm or firearm related item or other persons who have or have had possession of the firearm or firearm related item. The owner of a firearm or firearm related item may be required to answer questions relating to the whereabouts of the firearm or firearm related item or relating to the persons who have or have had the firearm or firearm related item in their possession. The person may be required to produce evidence to verify any information given under this clause. It is an offence to fail or refuse, without a reasonable excuse, to comply with a request under this clause or to answer questions to the best of the persons knowledge, information and belief. A person may not decline to answer a question on the grounds of self incrimination, but the answer is not admissible except in proceedings for an offence under this clause.

56—Power of police officer or warden to require production of licence etc

This clause is similar to section 31 of the current Firearms Act and provides that a police officer or a National Parks and Wildlife warden (in the case of a person in possession of a firearm on a reserve constituted under the National Parks and Wildlife Act 1972) may request a person who has possession of a firearm, to produce a firearms licence or certificate of registration of a firearm in the person's possession and the firearm in the person's possession for inspection. Where it is not possible to comply with the request at the time, the person has 48 hours to do so.

57—Power to inspect or seize firearms etc

Under this clause, a firearm owner must produce the firearm for inspection at a place and time specified by a police officer. The clause also sets out grounds upon which a police officer may seize a firearm. This includes for such things as a reasonable suspicion that the firearm is unregistered, an offence under this measure has been committed, the firearm has been forfeited by court order, the person is not a fit and proper person to possess the firearm, there is a risk to life or property or the firearm is particularly dangerous or mechanically unsafe. The power of seizure also extends to seizure of any restricted firearm mechanism and sound moderators.

As with the current Act this provision also includes a corresponding power to seize a firearms licence and a power to seize ammunition acquired or held in contravention of this measure. Similar to the current Act, there is also power for a police officer to stop, detain and search a person or vehicle or enter premises if it reasonably suspected there is a firearm, licence, restricted firearm mechanism or sound moderator liable for seizure under this clause or on the suspicion that the firearm has not been kept safely and securely in accordance with the requirements of this measure. This power extends to stopping and searching a vessel or an aircraft. Furthermore, if a person fails to comply with a request of the Registrar to conduct an audit and provide a report in relation to the person's practices regarding the storage and safe keeping of the person's firearms then this will be grounds for a reasonable suspicion that the firearm has not been stored safely and securing and therefore grounds for a search. This provision also replicates the provisions in the current Act, that provide powers to detain and search a person, vehicle, vessel, aircraft or enter premises for the purpose of ensuring compliance with a firearms prohibition order issued by the Registrar or a court that a police officer suspects on reasonable grounds applies to the person.

58—Return of licence that has been surrendered or seized

This clause provides for the return of a licence that has been surrendered or seized by a police officer under this Part (provided it has not been suspended or cancelled) and subject to an order of a court, either at the time a related firearm that has been seized is also returned or otherwise within 90 days from the date of surrender or seizure.

59—Seizure and forfeiture of equipment etc

If a police officer suspects on reasonable grounds that an offence against clause 37 or 38 has, is, or will be committed, the officer may seize any equipment, device, object or document reasonably suspected of being used, or intended for use in connection with that offence. The Registrar may institute proceedings for the forfeiture of items seized, and a court may order that the items be forfeited or otherwise disposed of if satisfied that items were used or were intended for use for, or in connection with the commission of the offence or if the court finds a person guilty of such an offence. The Registrar may sell or otherwise dispose of equipment, a device, object or document forfeited to the Crown and the proceeds (subject to this measure and the regulations) paid into the Consolidated Account.

60—Public safety notices

If a senior police officer considers that it is necessary or desirable to address an issue or perceived issue of public safety or to mitigate adverse consequences arising from an issue or perceived issue of public safety, the officer may issue a public safety notice in respect of regulated premises to the owner or occupier of those premises.

Unless the circumstances are urgent, the senior police officer must give the owner or occupier of the premises a reasonable opportunity to make submissions about the making of the notice and its proposed terms (however, failure to comply with this subsection does not affect the validity of the notice).

A public safety notice may impose 1 or more of the following requirements on the person to whom the notice is directed:

a requirement that the person provide information, or produce for inspection material in his or her possession, relating to the premises, or to activities carried on at the premises, within a time specified in the notice;

a requirement that the person ensure that the premises be closed and remain closed for a specified period;

a requirement that the person ensure that specified activities or operations at the premises be discontinued or not commenced for a specified period;

a requirement that the person ensure that specified activities or operations not be carried on at the premises except at specified times or subject to specified conditions;

a requirement that the person take action in relation to the premises as specified in the notice.

It is an offence for a person to fail, without reasonable excuse, to comply with a requirement imposed by the notice.

Regulated premises are defined to mean premises at which firearms, firearms parts or ammunition are used, held, stored or displayed in connection with the activities or operations of recognised firearms clubs, commercial ranges, the operations of paint-ball operators or the business of licensed dealers or foreign firearms dealers.

A public safety notice takes effect when served on the person to whom the notice is directed or at a later time specified in the notice and remains in force for a period of not more than 72 hours specified in the notice. However, a public safety notice may not be issued except with the approval of the Minister if the premises has been subject to another public safety notice within the 72 hours immediately preceding the period for which the notice would apply. A public safety notice issued with the approval of the Minister remains in force for a period determined by the Minister and specified in the notice and if the Minister is satisfied that it is in the public interest may determine that the public safety notice issued with his or her approval is to remain in force for a period longer than 72 hours. The decision of the Minister to approve the issue of a public safety notice is reviewable by SACAT.

61—Obstruction of police officer

It is an offence to hinder or resist a police officer exercising powers conferred by this measure.

Part 11—Surrender and forfeiture of firearms etc

62—Procedures on surrender of firearms etc

This clause sets out the procedures to be followed if a firearm, firearm part, sound moderator or ammunition is surrendered to the Registrar as a result of the cancellation, suspension or variation of a licence or the refusal to renew a licence or the cancellation of the registration of a firearm. The Registrar may give a written direction to the person who surrendered the item to arrange for the item to be transferred to a licensed dealer or other approved person for sale or disposal of the item on behalf of the person. A written direction must not be given until the time allowed to appeal a decision has expired or if an appeal has been made, until it lapses or has been finally determined. The Registrar must also be satisfied that the person is not entitled to lawful possession of the surrendered item. If the person fails to comply with a direction of the Registrar within 90 days, the item is forfeited and may be sold or otherwise disposed of and any proceeds paid into the Consolidated Account. However, the Registrar may, at the request of a person who surrendered the item, consent to the transfer of the item to a dealer for sale or disposal on behalf of the person before the time for lodging an appeal had expired or an appeal has been finalised, or may authorise the collection of the item by a person to whom it has been lawfully sold. The Registrar may also authorise the collection of the item by the person who surrendered the item or some other person the Registrar is satisfied is entitled to lawful possession. If a person so authorised to collect the item fails to do so within the prescribed time after a reasonable attempt to notify them in accordance with the regulations, the item is forfeited to the Registrar and may be sold or otherwise disposed of and any proceeds paid into the Consolidated Account.

63—Forfeiture of firearms etc

This provision provides that the Registrar may institute proceedings for the forfeiture of a firearm, firearm part, sound moderator, restricted firearm mechanism, or ammunition seized under this measure or any other law, to the Crown or be otherwise disposed of. The clause sets out the grounds on which the court may make such an order which include the court being satisfied that the possession of the firearm etc would not be authorised under this measure or would contravene a court order, that return of the firearm etc would be likely to result in undue danger to life or property, that the whereabouts of the owner is not ascertainable by reasonable inquiry, that the return of the item would not be in the public interest or that the firearm is mechanically unsafe, particularly dangerous or easily converted to an automatic firearm or could be more readily concealed because of its size, or would be particularly suited to unlawful use.

64—General amnesty

This clause makes provision for a person who has unauthorised possession of a firearm, firearm part, prohibited firearm accessory, sound moderator, restricted firearm mechanism or ammunition to be able to surrender it to a police station or other location approved by the Registrar without any action being taken against the person in relation to the unauthorised possession of the item by the person. It is also possible for the person who surrenders an item to make an application to the Registrar within 21 days of surrendering the item, for the necessary authority under this measure to acquire, possess or use the item. If no such application is made, the Registrar may sell or otherwise dispose of the item. If an application is made, the Registrar must not sell or otherwise dispose of the item until the application has been finally determined.

65—Disposal of forfeited or surrendered firearms etc

This clause provides that the Registrar has the power to sell or otherwise dispose of a firearm, firearm part, sound moderator, restricted firearm mechanism or ammunition forfeited to the Crown under this measure or any other Act. This power, subject to the regulations, also extends to firearms etc that are surrendered to the Registrar. The clause also sets out special provisions, subject to the regulations, that apply to a person who is subject to a firearms prohibition order and that person surrenders a firearm, firearm part, sound moderator or ammunition. In the case of a interim firearm prohibition order, the Registrar must retain the firearm for the period the order applies to the person or in any other case, for such time as an appeal may be instituted against the order or such an appeal is withdrawn or determined. If at the end of that time a prohibition order is still in place, then the Registrar must sell or dispose of the firearm in accordance with the regulations and pay the proceeds to the person, or if no prohibition order is in place, make the firearm available for collection. An item that is not collected within the prescribed period may then be sold or otherwise disposed of and any proceeds paid into the Consolidated Account. The Registrar may, during the period he or she would otherwise be required to retain an item, authorise the person to arrange for its transfer to a licensed dealer or other approved person for sale or disposal or authorise collection of the surrendered item by a person to whom it has been sold provided they are entitled to lawful possession of the item.

Part 12—Powers of court

66—Powers of court

This clause sets out the powers of a court on finding a person guilty of an offence, the commission of which involved a firearm, firearm part, sound moderator, restricted firearm mechanism or ammunition. These powers include orders for the forfeiture or disposal of the firearm etc, suspension or cancellation of a licence, or that the licence be subject to specified conditions or that the person be subject to a firearms prohibition order or disqualified from holding a licence for a specified period. Similar orders may also be made by the Court if in the course of proceedings the court forms the view that a party who has possession of a firearm etc is not a fit and proper person to do so. If a court makes an order that a licence held by the person is suspended or cancelled, the person must surrender all firearms, firearm parts, sound moderators and ammunition owned by the person to the Registrar or as otherwise directed by the court.

For the purposes of this clause, a declaration by a court under Part 8A of the Criminal Law Consolidation Act 1935 that a person is liable to supervision in relation to an offence will be taken to be a finding by the court that the person is guilty of the offence.

Part 13—Miscellaneous

67—Firearms clubs, commercial range operators and paint-ball operators

This clause provides that the regulations may make provision for the recognition of firearms clubs, commercial range operators and paint-ball operators and the approval of grounds of recognised firearms clubs, ranges of recognised commercial range operators and grounds of recognised paint-ball operators. The regulations may provide for applications, conditions of recognition of clubs or operators or approval of grounds or ranges, the revocation of such recognition or approvals, the keeping of records and the furnishing of information and documents as well as membership of recognised firearms clubs. Regulations may also be made in relation to mandatory reporting obligations of recognised firearm clubs, range operators and paint-ball operators and entry and inspection of their grounds and ranges for the purposes of determining applications for approval, reviewing approvals or determining whether conditions of approval have been contravened.

68—Offence to misuse, forge etc authorisation

Under this clause, a person is guilty of an offence if the person forges, fraudulently alters or steals a licence, permit, authorisation or approval or knowingly has possession of, or uses, such an item. It is also an offence for a person to falsely represent that they hold a licence, permit, authorisation or approval or to give it to a another person for an unlawful purpose.

69—False or misleading information

This provision makes it an offence to make a false or misleading statement in providing information or keeping records under the measure. It is a defence to prove that the defendant believed on reasonable grounds that the information was true.

70—Statutory declaration

This clause provides that the Registrar may require a person to verify any information required to be provided to him or her by statutory declaration.

71—Liability for act or default of officer, employee or agent

Under this clause, an act or default of an officer, employee or agent of a person will be taken to be the act or default of the person unless it is proved that the person acted outside their actual, usual or ostensible authority.

72—Offences by companies

This clause provides that if a company is guilty of an offence under this measure, the directors and the company's principal nominee (if any) are each guilty of an offence, unless it is proved that the director or nominee could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the company.

73—Accessories and conspiracy

This clause provides that a person must not, in this State, aid, abet, counsel or procure the commission of an offence in any place outside this State, being an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this measure. A person must also not in this State, conspire with another to commit an offence punishable under the provisions of a law in force in that place that corresponds to a provision of this measure (whether the other conspirator is in this State or elsewhere). A person who conspires with another to commit an offence under this measure (whether the other conspirator is in this State or elsewhere) is also guilty of an offence.

74—Evidentiary provisions

This clause makes provision for the certification by the Registrar as to certain matters to be proof of the matter so certified in the absence of evidence to the contrary. It also makes provision for the certification by interstate authorities as to the application of a firearms prohibition order (or equivalent) to a person as being proof in the absence of evidence to the contrary.

75—General defence

This clause provides that it is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence. The clause lists a number of offences that are excluded from the operation of this defence. The clause also provides that the regulations may specify that the defence does not apply to an offence under the regulations, and that a code of practice may also declare that the defence does not apply to a contravention of a provision of the code.

76—Form of licences, permits etc

This clause provides that a firearms licence, permit, approval, exemption or other authority granted by the Registrar under the measure must be in writing in a form determined by the Registrar. Further, the regulations may set out requirements and procedures in relation to photographic licences, including by empowering the Registrar to issue interim licences and take measure for non-compliance with any requirements or procedures.

77—Service of notices

This provision sets out the method for service of a notice or document required or authorised to be given or served on a person under the measure and includes service in person or by registered post, fax or email.

78—Regulations

This clause sets out the general regulation making powers that are necessary and expedient for the purposes of the measure. The regulations may confer discretionary powers, provide for the payment of fees, and prescribe expiation fees for alleged offences under the measure.

Schedule 1—Consequential amendments, repeal, and transitional provisions

Part 1—Preliminary

1—Amendment provisions

This clause is formal.

Part 2—Amendment of Bail Act 1985

2—Amendment of section 3—Interpretation

This clause makes a consequential amendment to update the reference to the Firearms Act 1977 in the definitions of ammunition and firearms, to a reference to this measure.

Part 3—Amendment of Correctional Services Act 1982

3—Amendment of section 37A—Release on home detention

4—Amendment of section 68—Conditions of release on parole

The amendments to this Act are consequential and update the references to the Firearms Act 1977 to a reference to this measure.

Part 4—Amendment of Criminal Law Consolidation Act 1935

5—Amendment of section 5—Interpretation

6—Amendment of section 269O—Supervision

7—Amendment of section 299A—Orders as to firearms and offensive weapons

The amendments to this Act are consequential and update the references to the Firearms Act 1977 to a reference to this measure.

Part 5—Amendment of Criminal Law (High Risk Offenders) Act 2015

8—Amendment of section 10—Supervision orders—terms and conditions

The amendment to this Act is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

Part 6—Amendment of Criminal Law (Sentencing) Act 1988

9—Amendment of section 20AA—Interpretation

The amendments to this section are consequential and update the references to the Firearms Act 1977 to a reference to this measure and change the reference to a 'class' of firearm to a 'category' of firearm.

10—Amendment of section 24—Release on licence

The amendment to this section is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

11—Amendment of section 42—Conditions of bond

The amendment to this section is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

12—Transitional provision

This provides that section 20AA of the Criminal Law (Sentencing) Act 1988 continues to apply to an offence committed before the commencement of this clause.

Part 7—Amendment of Cross-border Justice Act 2009

13—Amendment of section 68—Proceedings that may be heard in another participating jurisdiction

The amendment to this section is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

Part 8—Amendment of Intervention Orders (Prevention of Abuse) Act 2009

14—Amendment of section 40—Dealing with items surrendered under intervention order

The amendment to this section is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

Part 9—Amendment of Protective Security Act 2007

15—Amendment of section 3—Interpretation

The amendment to this section is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

Part 10—Amendment of Security and Investigation Industry Act 1995

16—Amendment of section 3—Interpretation

The amendment to this section is consequential and updates the references to the Firearms Act 1977 in the definitions of firearm and firearms licence to a reference to this measure.

Part 11—Amendment of Sheriff's Act 1978

17—Amendment of section 4—Interpretation

The amendment to this section is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

Part 12—Amendment of Summary Offences Act 1953

18—Amendment of section 18—Loitering

19—Amendment of section 66—Interpretation

20—Amendment of Schedule 2—Exempt persons—prohibited weapons

The amendments to this Act are consequential and update the reference to the Firearms Act 1977 to a reference to this measure.

Part 13—Amendment of Young Offenders Act 1993

21—Amendment of section 41A—Conditional release from detention

The amendment to this section is consequential and updates the reference to the Firearms Act 1977 to a reference to this measure.

Part 14—Repeal of Firearms Act 1977

22—Repeal

The Firearms Act 1977 is repealed.

Part 15—Transitional provisions

This Part sets out the transitional provisions relevant to this measure.

Debate adjourned on motion of Hon. S.G. Wade.