❓ Hon Louise Kingston raises concerns about WA Police confiscating firearms from licensed owners due to expired orders, questioning the fairness and potential impact on court resources. The Minister's response refers to the Firearms Act and suggests seeking legal advice.
AnsweredQoN 1043Legislative Council
QuestionView source ↗
FIREARMS ACT
1043. Hon LOUISE KINGSTON to the minister representing the
Minister for Police:
I note the contact from police
licensing, in which firearm owners who have lawfully obtained a licence are now
being advised that expired orders mean they are no longer able to possess a firearms
licence and their firearms are being confiscated.
(1) Why are firearms owners with
expired orders now being re-punished?
(2) Will the minister admit this is
a mistake and make changes to the new act?
(3) Can the minister advise how
many of these expired orders are not the subject of action?
(4) What avenues
do people affected by this have to now go back and challenge the orders, which
they were advised not to challenge due to the time and cost at the time, also
considering they did not effect their firearms licence at the time?
(5) Does the
minister acknowledge that it is likely that these orders will now all be challenged
due to the retrospective effect previous actions are now having and the impact
this will have on court resources?
1043. Hon LOUISE KINGSTON to the minister representing the
Minister for Police:
I note the contact from police
licensing, in which firearm owners who have lawfully obtained a licence are now
being advised that expired orders mean they are no longer able to possess a firearms
licence and their firearms are being confiscated.
(1) Why are firearms owners with
expired orders now being re-punished?
(2) Will the minister admit this is
a mistake and make changes to the new act?
(3) Can the minister advise how
many of these expired orders are not the subject of action?
(4) What avenues
do people affected by this have to now go back and challenge the orders, which
they were advised not to challenge due to the time and cost at the time, also
considering they did not effect their firearms licence at the time?
(5) Does the
minister acknowledge that it is likely that these orders will now all be challenged
due to the retrospective effect previous actions are now having and the impact
this will have on court resources?
AnswerView source ↗
I thank the
honourable member for some notice of the question.
(1)–(2) The
Western Australia Police Force advise that the orders are in accordance with
sections 11(1)(c) and 11(3)(a)(v) of the Firearms Act 1973.
(3) A manual investigation would be necessary to
ascertain the status of the orders. As a result, a response to this
question cannot be provided within the required timeframe. An answer will be
provided by 17 September 2024.
(4)–(5) This is a matter
for an individual to seek independent legal advice.
honourable member for some notice of the question.
(1)–(2) The
Western Australia Police Force advise that the orders are in accordance with
sections 11(1)(c) and 11(3)(a)(v) of the Firearms Act 1973.
(3) A manual investigation would be necessary to
ascertain the status of the orders. As a result, a response to this
question cannot be provided within the required timeframe. An answer will be
provided by 17 September 2024.
(4)–(5) This is a matter
for an individual to seek independent legal advice.
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