2003

THE LEGISLATIVE ASSEMBLY FOR

THE AUSTRALIAN CAPITAL TERRITORY

FIREARMS (FEES) DETERMINATION 2003 (No 1)

EXPLANATORY STATEMENT

Circulated by the authority of

Bill Wood MLA
Minister for Police and Emergency Services

Firearms (Fees) Determination 2003 (No 1)

Explanatory Statement

Outline

Section 125 of the Firearms Act 1996 (the principal Act) provides that the Minister may, in writing, determine fees for the principal Act and that a determination is a disallowable instrument.

The Firearms (Prohibited Pistols) Act 2003 (the Act) regulates the ownership, possession and use of handguns (pistols) by competition shooters and collectors.

The Act prohibits certain categories of handguns (those with calibres greater than .38”; revolvers or single action pistols with a barrel length less than 100mm and semi- automatic pistols with a barrel length less than 120mm; and handguns with a capacity of more than 10 rounds of ammunition) except in certain prescribed circumstances.  As a consequence, competition shooters are required to surrender their prohibited legal handguns for compensation.  

Those shooters wishing to remain within the sport will need to acquire non-prohibited handguns and will need to obtain permits to purchase these and have them registered, both of which attract fees of $10 respectively.  The relevant shooters’ associations have requested that these fees be waived.

The Act also requires collectors of firearms to register pre-1900 percussion-fired handguns, whereas previously these were classed as antique firearms and deemed to be not firearms for the purposes of the principal Act.  Such registration will also require the owner to be licensed, and these attract fees of $10 and $75 respectively.  The Collectors Association has requested that these fees for current collectors of percussion pistols be waived so as to offset some of their costs, which will include the purchase of a gun safe and membership of an approved collectors club.  

Formal clauses

Clause 1 provides that fees are not payable for an application by a licensed pistol shooter for a permit to acquire a pistol which is a replacement pistol, or for the registration of that pistol, or for an application for a licence for the genuine reason of firearms collection, or for the registration of a pre-1900 percussion-fired pistol which was acquired before 1 July 2002.

Clause 2 states that the instrument expires on 31 March 2003, which is three months after the expiry of the amnesty and buyback period for prohibited handguns.