Arms Legislation Bill

82 Section 74 amended (Regulations)

(1)

In section 74(1)(b), after “licences,”, insert “certificates of approval, certifications,”.

(2)

After section 74(1)(ba), insert:

(bb)

providing criteria, not inconsistent with this Act, for finding that an applicant for a firearms licence is not a fit and proper person to be in possession of a firearm or an airgun:

(bc)

providing criteria, not inconsistent with this Act, for finding that an applicant for a firearms licence is a fit and proper person to be in possession of a firearm or an airgun:

(3)

In section 74(1)(e), after “licences,”, insert “certificates of approval, certifications,”.

(4)

Repeal section 74(1)(f) and (2).

(5)

After section 74(1)(g), insert:

(ga)

prescribing the details that persons carrying on business are required under section 22D to enter in the registry relating to the sale or supply of ammunition:

(gb)

prescribing the particulars that are required to be included in annual reports of shooting clubs, including (but not limited to) finances, storage, safety, discipline, training, competitions, office holders, membership, participating non-members, and ratios of members who are licence holders, endorsement holders, or trained range officers to those who are not:

(gc)

prescribing the information and documents required to support an application under section 38C for approval of a shooting club:

(gd)

prescribing the information and documents required to support an application under section 38L for certification of a shooting range, including the types of firearms and ammunition for which the range is certified:

(6)

In section 74(1)(h), after licensed dealers, insert and the period for which any of those records must be kept.

(6A)

In section 74(1)(i) and (j), after restricted weapons,, insert pistol carbine conversion kits,.

(6B)

After section 74(1)(i), insert:

(ia)

making provision for the security of any premises at which an ammunition seller carries on business and prescribing precautions to be taken to prevent the theft or misuse of ammunition in the possession of ammunition sellers:

(7)

After section 74(1)(j), insert:

(ja)

regulating 1 or more of the following: the advertising, promotion, or display of any firearm, firearm part, magazine, or ammunition by persons who sell or let out on hire any of those items:

(jb)

without limiting paragraph (ja), requiring those sellers and persons who let out on hire to provide specified information to customers about

(i)

the legal conditions and requirements that apply to the purchase, possession, and use of firearms, parts, magazines, and ammunition (such as the legal age of purchase, licence or endorsement requirements, and safe storage requirements); and

(ii)

specific requirements and restrictions relevant to the item that is for sale or hire:

(ja)

providing for 1 or more of the following in relation to the sale or hiring of any arms item and ammunition:

(i)

material that must be included in any advertising, promotion, or display of any arms item and ammunition:

(ii)

advice that must be provided about legal conditions and requirements that apply to the purchase, possession, and use of arms items and ammunition (such as the legal age of purchase, licence or endorsement requirements, safe handling, transport, and storage):

(iii)

different requirements for different types of sale or hire activities carried out by dealers:

(jc)

providing for 1 or more of the following in relation to notices given by health practitioners for the purposes of section 91:

(i)

the information that the Police must provide to a licence holder when notifying the holder that a report has been received from a health practitioner:

(ii)

the period within which a licence holder must undergo a further assessment or surrender their licence, for the purposes of section 91(3):

(iii)

the kinds or classes of health practitioners who may make a further assessment under section 91 and any time limits or other requirements that apply to the assessment:

(iv)

the responsibilities of a health practitioner who makes a further assessment:

(8)

Replace section 74(1)(l) with:

(l)

making provisions that relate to any marking required for any firearms, magazines, and parts with identifying marks markings:

(9)

After section 74(1)(p), insert:

(pa)

providing for any matters necessary or desirable for the efficient operation of the registry, including provisions that—

(i)

require licence holders or other persons to provide specified information to the Police for inclusion in the registry and specify the circumstances in which the requirement applies:

(ii)

specify the manner or form in which information is required to be provided to the Police for inclusion in the registry:

(iii)

impose additional requirements or conditions to be met by persons who apply under section 4A (permit to import, sell, supply, possess, or use a prohibited item), 7A (gun shows), or 18 (permit to import firearms):

(iii)

impose additional requirements to be met for the purposes of the registry by persons described in section 4A who apply for

(A)

consent to conduct business at a gun show under section 7A; or

(B)

a permit to import under section 18; or

(C)

an endorsement under section 30B to possess a prohibited firearm; or

(D)

a permit to possess under section 35A:

(iv)

impose different requirements for different kinds of licences, conditions, or endorsements:

(pb)

without limiting paragraph (pa)(i), requiring specified persons to provide specified information to the Police in accordance with the regulations in relation to firearms, parts, and magazines that are not required to be marked with an identifying mark markings (for example, antique firearms and firearms exempted from or not covered by regulations made under paragraph (l)):

(pc)

requiring specified particulars to be recorded in the registry for the purpose of section 93(1)(f):

(10)

In section 74(1)(r), replace “$400” with “$2,000”.

(11)

After section 74(1)(ra), insert:

(rb)

providing for matters not inconsistent with this Act that relate to the operation of the advisory group appointed under section 88, including provisions that—

(i)

state the quorum necessary for the transaction of the group’s business:

(ii)

require members to disclose any direct or indirect interest in a matter on which the group is providing advice:

(iii)

prohibit members from disclosing any information provided to them in confidence in their capacity as members of the group:

(iv)

enable the appointment of subcommittees:

(v)

relate to the immunity from civil liability of members of the advisory group:

(rc)

providing for matters not inconsistent with this Act that relate to the operation of the review process under section 62, including provisions that prescribe, or authorise the Commissioner to prescribe, the form of applications for a review under section 62:

(rd)

without limiting any class of persons who are authorised to do so under section 3, providing for other persons to be authorised to carry or possess firearms, airguns, pistols, prohibited magazines, prohibited parts, restricted weapons, pistol carbine conversion kits, ammunition, or explosives belonging to the Crown:

(re)

providing that any requirements mentioned in section 3(5)(a) to (d) do apply in relation to any firearms or other items regulated by or under this Act that are owned by the Crown, to the extent provided in the regulations:

(12)

After section 74(2), insert:

(3)

Regulations under subsection (1)(pa) may be made only on the recommendation of the Minister of Police after being satisfied that the Commissioner has consulted the Privacy Commissioner about the proposed regulations.

(4)

Subject to subsection (3), regulations may be made under this section only on the recommendation of the Minister of Police after being satisfied that the Commissioner has done everything reasonable to consult persons or organisations (or representatives of those organisations) that appear to the Commissioner to be affected or likely to be affected by the regulations, except where the Minister is satisfied that in the circumstances it was not practicable to consult to that extent or to carry out any consultation.

(5)

No regulations made under subsection (1)(ja) may come into force earlier than 3 months after the date of their notification in the Gazette unless the Minister is satisfied that in all the circumstances there are reasons that justify an earlier commencement date and recommends accordingly.