❓ A WA parliamentary question addresses concerns about new online reporting requirements for firearm dealers and potential impacts on licence renewals, with the Minister providing clarification on compliance and relevant legislation.
AnsweredQoN 785Legislative Council
QuestionView source ↗
FIREARM DEALERS,
MANUFACTURERS AND REPAIRERS — LICENSING
785. Hon RICK MAZZA to the minister representing the
Minister for Police:
I refer to correspondence from WA Police Licensing Services to
licensed firearm dealers, manufacturers and repairers dated 6 July 2020
regarding a requirement for those licence holders to use updated electronic or
hand-filled forms in order to meet their reporting obligations. The letter
states that Licensing Services will maintain records of noncompliance of the
dealer manufacturer, repairer licence in question, and any other issues will be
taken into consideration when the renewable licence is deliberated. Given that
a number of these licence holders have reported significant difficulties and
failures of this new requirement for online lodgement, can the minister advise —
(1) Is the
statement regarding noncompliance with this new requirement a threat to the
renewing of licences?
(2) What are
the shortfalls of the previous lodgement process?
(3) Under what
legislation are licensing services able to enforce the online use of the new
forms 20 and 21?
(4) On what
date are regulations gazetted for the new forms 20 and 21?
(5) Under what
legislation could a licence renewal be refused on the grounds of noncompliance?
MANUFACTURERS AND REPAIRERS — LICENSING
785. Hon RICK MAZZA to the minister representing the
Minister for Police:
I refer to correspondence from WA Police Licensing Services to
licensed firearm dealers, manufacturers and repairers dated 6 July 2020
regarding a requirement for those licence holders to use updated electronic or
hand-filled forms in order to meet their reporting obligations. The letter
states that Licensing Services will maintain records of noncompliance of the
dealer manufacturer, repairer licence in question, and any other issues will be
taken into consideration when the renewable licence is deliberated. Given that
a number of these licence holders have reported significant difficulties and
failures of this new requirement for online lodgement, can the minister advise —
(1) Is the
statement regarding noncompliance with this new requirement a threat to the
renewing of licences?
(2) What are
the shortfalls of the previous lodgement process?
(3) Under what
legislation are licensing services able to enforce the online use of the new
forms 20 and 21?
(4) On what
date are regulations gazetted for the new forms 20 and 21?
(5) Under what
legislation could a licence renewal be refused on the grounds of noncompliance?
AnswerView source ↗
I thank the honourable member for some notice of the
question. The following answer has been provided to me by the Minister for
Police. Western Australia Police Force advises as follows.
(1)–(5)
The WA Firearms Traders Association advised the Western Australia Police Force
its belief that completing the prescribed forms for every firearm and major
firearm part was too cumbersome. Following discussions, WA Police Licensing
Services (Firearms) created two Excel spreadsheets. Dealers, manufacturers and
repairers are currently advised to use either prescribed forms 20 and 21, which
require one firearm or major firearm part per form or the amended spreadsheet
which aligns with prescribed forms 20 and 21. Which document is used is left to
dealer, manufacturer and repairer discretion.
Section 31(2) of the Firearms Act
1973 and regulation 18 of the Firearms Regulations 1974 detail the record
keeping requirements for dealers, manufacturers and repairers. Form 20 was
gazetted on 16 November 2007 and amended on 5 April 2016. Form 21 was gazetted
on 16 November 2007.
Regulation 23(1) of the Firearms
Regulations 1974 creates an offence for contravening or failing to comply with
any provision of the regulations. Section 11(3) of the Firearms Act 1973 states
that the Commissioner of Police has sufficient grounds for forming the opinion
that a person is not fit and proper to possess an approval, permit or licence
under the act if he is satisfied that at any time within the period of five
years before the person applied for the approval, permit or licence, the person
was convicted of any offence against the act.
question. The following answer has been provided to me by the Minister for
Police. Western Australia Police Force advises as follows.
(1)–(5)
The WA Firearms Traders Association advised the Western Australia Police Force
its belief that completing the prescribed forms for every firearm and major
firearm part was too cumbersome. Following discussions, WA Police Licensing
Services (Firearms) created two Excel spreadsheets. Dealers, manufacturers and
repairers are currently advised to use either prescribed forms 20 and 21, which
require one firearm or major firearm part per form or the amended spreadsheet
which aligns with prescribed forms 20 and 21. Which document is used is left to
dealer, manufacturer and repairer discretion.
Section 31(2) of the Firearms Act
1973 and regulation 18 of the Firearms Regulations 1974 detail the record
keeping requirements for dealers, manufacturers and repairers. Form 20 was
gazetted on 16 November 2007 and amended on 5 April 2016. Form 21 was gazetted
on 16 November 2007.
Regulation 23(1) of the Firearms
Regulations 1974 creates an offence for contravening or failing to comply with
any provision of the regulations. Section 11(3) of the Firearms Act 1973 states
that the Commissioner of Police has sufficient grounds for forming the opinion
that a person is not fit and proper to possess an approval, permit or licence
under the act if he is satisfied that at any time within the period of five
years before the person applied for the approval, permit or licence, the person
was convicted of any offence against the act.
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