❓ Hon Rick Mazza questions the criteria used to categorize firearms as prohibited based on military appearance, and why WA's interpretation differs from other jurisdictions. The Minister is developing a policy document to clarify the assessment process.
AnsweredQoN 54Legislative Council
QuestionView source ↗
FIREARMS
ACT 1973 — FIREARMS CATEGORISATION
54. Hon RICK MAZZA to the
Attorney General representing the Minister for Police:
In October 2014, I questioned the firearms licensing branch's
application of an obscure section of the Firearms Act 1973 under which a
firearm could be re-categorised as being prohibited if the firearm is a
self-loading centre-fire rifle designed or adapted for military purposes or a
firearm that substantially duplicates such a firearm in design, function, or
appearance.
(1) Can the minister advise what criteria are used to
determine a ''military appearance''?
(2) Can the minister advise who determines these
characteristics?
(3) Can the minister advise where this information can be
accessed?
(4) When the
Australian Customs and Border Protection Service deems the importation of a
firearm to have met the Australian standard for civilian ownership, why does
Western Australia apply separate standards and interpret the national firearms
agreement differently from other jurisdictions?
ACT 1973 — FIREARMS CATEGORISATION
54. Hon RICK MAZZA to the
Attorney General representing the Minister for Police:
In October 2014, I questioned the firearms licensing branch's
application of an obscure section of the Firearms Act 1973 under which a
firearm could be re-categorised as being prohibited if the firearm is a
self-loading centre-fire rifle designed or adapted for military purposes or a
firearm that substantially duplicates such a firearm in design, function, or
appearance.
(1) Can the minister advise what criteria are used to
determine a ''military appearance''?
(2) Can the minister advise who determines these
characteristics?
(3) Can the minister advise where this information can be
accessed?
(4) When the
Australian Customs and Border Protection Service deems the importation of a
firearm to have met the Australian standard for civilian ownership, why does
Western Australia apply separate standards and interpret the national firearms
agreement differently from other jurisdictions?
AnswerView source ↗
On behalf of the Minister for Police, I thank the honourable
member for some notice of the question.
(1)–(3)
The Minister for Police has requested the Commissioner of Police to develop a
policy document outlining the features that should be taken into consideration
by WA Police licensing enforcement division officers when assessing whether a
firearm is a self-loading centre-fire rifle designed or adapted for military
purposes or a firearm that substantially duplicates such a firearm in design,
function or appearance. This policy document has not been finalised.
(4) WA Police
assesses firearms applications by consistently applying the requirements of the
Firearms Act 1973 and the Firearms Regulations 1974. The current provisions in
Western Australian legislation relate to the 1996 national firearms agreement.
Specifically, recommendation 4, in part, requires jurisdictions to categorise
those firearms that substantially duplicate self-loading centre-fire rifles designed
or adapted for military purposes, in design, function or appearance, as a
prohibited firearm.
member for some notice of the question.
(1)–(3)
The Minister for Police has requested the Commissioner of Police to develop a
policy document outlining the features that should be taken into consideration
by WA Police licensing enforcement division officers when assessing whether a
firearm is a self-loading centre-fire rifle designed or adapted for military
purposes or a firearm that substantially duplicates such a firearm in design,
function or appearance. This policy document has not been finalised.
(4) WA Police
assesses firearms applications by consistently applying the requirements of the
Firearms Act 1973 and the Firearms Regulations 1974. The current provisions in
Western Australian legislation relate to the 1996 national firearms agreement.
Specifically, recommendation 4, in part, requires jurisdictions to categorise
those firearms that substantially duplicate self-loading centre-fire rifles designed
or adapted for military purposes, in design, function or appearance, as a
prohibited firearm.
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