Proposed amendment to SOP No 201
Chris Bishop, in Committee, to move the following amendments:
Clause 4
In clause 4(1) (pages 5 and 6), insert in their appropriate alphabetical order:
firearms prohibition order means an order made by the Commissioner under section 59C of this Act
gang has the same meaning as in section 4 of the Prohibition of Gang Insignia in Government Premises Act 2013
possess, in relation to a firearm, part, or ammunition, includes a firearm, part, or ammunition that is subject to a person’s control but that is in the custody of another person
New clauses 24AB and 24AC
After clause 24 (page 14), insert:
24AB Section 24 amended (Issue of firearms licence)
(1)
In section 24(1), replace “subsection (2)”
with “subsection (1A) and (2)”
.
(2)
After section 24(1), insert:
(1A)
A firearms licence must not be issued to a person—
(a)
who, in the opinion of a commissioned officer of Police, is a member of a gang; or
(b)
who is subject to a firearms prohibition order.
(3)
Replace section 24(2)(d) with:
(d)
who, in the opinion of a commissioned officer of Police, is not a fit and proper person to be in possession of a firearm or airgun; or
(e)
who, in the opinion of a commissioned officer of Police, is a member of a gang; or
(f)
who is subject to a firearms prohibition order.
24AC Section 27 amended (Revocation and surrender of firearms licence)
(1)
Before section 27(1), insert:
(1AA)
If a person becomes subject to a firearms prohibition order, any firearms licence that has been issued to that person is revoked, and the person to whom that firearms licence has been issued must immediately surrender the licence to a member of the Police.
(2)
After section 27(1)(a), insert:
(ab)
any person who has been issued with a firearms licence is, or is seeking become, a member of a gang; or
(3)
Replace section 27(1)(b)(iii) and (iv) with:
(iii)
whose firearms licence has been revoked in accordance with this section; or
(iv)
who, in the opinion of a commissioned officer of Police, is not a fit and proper person to be in possession of a firearm or airgun, or is a member of a gang; or
(v)
who is subject to a firearms prevention order—
(4)
In section 27(3), replace “subsection (1)”
with “subsection (1AA) or (1)”
New clause 58A
After clause 58 (page 25), insert:
58A New sections 59C to 59G and cross-heading inserted
After section 59, insert:
Firearms prohibition orders
59C Firearms prohibition orders
(1)
The Commissioner may make a firearms prohibition order against a person if:
(a)
in the opinion of the Commissioner, it is necessary, in the public interest, to ensure that the person does not have possession of a firearm; and
(b)
the person is a member of a gang; and
(c)
the person has, within the past 10 years, been convicted of—
(i)
an offence under this Act:
(ii)
an offence under the Domestic Violence Act 1995:
(iii)
a serious violent offence.
(2)
A firearms prohibition order takes effect when it has been served on the person who is to be subject to the order in accordance with section 72A of this Act.
(3)
The Commission may revoke a firearms prohibition order at any time.
(4)
In this section, serious violent offence has the same meaning as in section 86A of the Sentencing Act 2002.
59D Offences in respect of firearms prohibition orders
(1)
A person who is subject to a firearms prohibition must not acquire, possess or use a firearm or part.
(2)
A person who contravenes subsection (1) commits an offence and is liable on conviction,—
(a)
where the firearm is a pistol or restricted weapon, to a term of imprisonment not exceeding 14 years:
(b)
in any other case, to a term of imprisonment not exceeding 5 years.
(3)
A person who is subject to a firearms prohibition order must not acquire or possess ammunition.
(4)
A person who contravenes subsection (3) commits an offence and is liable on conviction to a term of imprisonment not exceeding 5 years.
59E Prohibition on supplying firearms, parts or ammunition to persons subject to firearms prohibition order
(1)
Every person commits an offence if they supply, or give possession of, a firearm, part or ammunition to another person knowing that the other person is subject to a firearms prohibition order.
(2)
A person who contravenes subsection (1) is liable, on conviction,—
(a)
where the firearm is a pistol or restricted weapon, to a term of imprisonment not exceeding 14 years:
(b)
in any other case, to a term of imprisonment not exceeding 5 years.
59F Prohibition on person subject to firearms prohibition order residing at premises where firearms, parts or ammunition are present
(1)
A person who is subject to a firearms prohibition order commits an offence if a firearm, part, or ammunition is kept or found on premises at which the person is residing.
(2)
A person who contravenes subsection (1) is liable, on conviction, to a term of imprisonment not exceeding 12 months.
(3)
It is a good defence to a prosecution for an offence against subsection (1) if the defendant proves—
(a)
that he did not know, and could not reasonably be expected to have known, that the firearm, part, or ammunition was on the premises; or
(b)
that he took reasonable steps to prevent the firearm, part, or ammunition from being on the premises.
59G Prohibition on person subject to firearms prohibition order attending certain premises
(1)
A person who is subject to a firearms prohibition order must not, without reasonable excuse, attend or be present at—
(a)
the place of business of a licensed dealer:
(c)
the premises of a firearms club.
(2)
A person who contravenes subsection (1) is liable, on conviction, to a term of imprisonment not exceeding 12 months.
(3)
For the avoidance of doubt, membership of a firearms club it is not a reasonable excuse for the purposes of subsection (1).
Clause 59
After clause 59(1) (page 25), insert:
(1A)
After section 62(1)(a), insert:
(ab)
a person who has had a firearms prohibition order made against them; and
New clause 63A
After clause 63 (page 26), insert:
63A Section 72 amended (Delegation of powers by Commissioner)
After section 72(1), insert:
(1A)
Subsection (1) does not apply to the making of firearms prohibition orders under section 59C.