Chris Ellison (WA, Liberal Party, Minister for Justice and Customs) Share this | Hansard source

Yesterday I was asked a question by Senator Bob Brown in relation to gun control. I undertook to provide further information to the Senate. I do that now. Contained in that is a recent report from the Australian Institute of Criminology.

The document read as follows—

Council of Australian Governments’ Communiqué

6 December 2002

The Council of Australian Governments (COAG) held its 12th meeting today in Canberra. The Council, comprising the Prime Minister, Premiers and Chief Ministers and the President of the Australian Local Government Association, had detailed discussions on significant areas of national interest.

This Communiqué sets out the agreed outcomes of the discussions.

Handguns

COAG agreed on a national approach to restrict the availability and use of handguns, particularly concealable weapons. The agreement will result in a major reduction in the number of handguns in the community and will significantly strengthen controls over access to handguns.

COAG endorsed the 28 resolutions made by the Australasian Police Ministers Council (APMC) and agreed that legislative and administrative measures to implement the resolutions should be in place by 30 June 2003. The resolutions include:

• a system of graduated access to handguns for legitimate sporting shooters, based on training, experience and event participation;
• giving shooting clubs greater access to information by requiring a prospective member to produce a police clearance prior to acceptance as a member, information on other shooting clubs a person belongs to, and their current ownership of firearms;
• more stringent requirements to prevent club shopping by potential members of gun clubs, including better access for clubs to information from licensing authorities; and
• allowing the Commissioner of Police in each jurisdiction, subject to appropriate safeguards, to refuse and revoke firearms licences and applications on the basis of criminal intelligence and other relevant information.

COAG agreed to restrict the classes of legal handguns that can be imported or possessed for sporting purposes to those meeting recognised sporting shooter classifications in the Olympic and Commonwealth Games and other accredited events.

COAG noted the proposals of the APMC but agreed that handguns will be limited to a maximum of .38” calibre (except for specially accredited sporting events where handguns up to .45” calibre will be permitted—details will be considered by Commonwealth, State and Territory authorities as a matter of urgency, with final arrangements to be agreed by COAG).

COAG noted the importance of removing easily concealable handguns from the community. As a result, COAG agreed that semi-automatic handguns with a barrel length of less than 120mm and revolvers and single shot handguns with a barrel length of less than 100mm will be prohibited. Highly specialised target pistols, some of which will have a barrel length of less than 120mm will be allowed. These types of pistols are large, visually distinctive and not readily concealable due to their overall size.

COAG also agreed that reducing the number of handguns held legally in the community should be accompanied by a compensation scheme for licensees who are compelled to hand in handguns, operating from 1 July 2003 until 1 January 2004. The cost of funding the compensation scheme will be funded firstly from $15 million remaining from the 1996 firearms buy-back funds and then shared on a two-thirds: one-third basis between the Commonwealth and the States and Territories, for the handguns prohibited and returned in each jurisdiction.

COAG agreed that an amnesty will be in force from 1 July 2003 until 1 January 2004, during which time owners of illegally held handguns can surrender those weapons to authorities without incurring a criminal penalty for possession of that weapon. Commonwealth, State and Territory authorities are to ensure that the buy-back arrangements are not able to be exploited.

COAG agreed that the States and Territories would introduce necessary legislation as a priority and there will be ongoing consultation between Police Ministers on arrangements for the buy-back and amnesty. COAG will agree the final arrangements for the national approach. Progress on both legislation and arrangements will be reported at the next meeting of COAG

COAG Agreement on Handguns—Matters

Agreed Out of Session

1. “Specially accredited sporting events” where handguns up to .45” calibre permitted

The majority of States and Territories have agreed that handguns of up to .45” calibre will only be permitted in the events of:

• Metallic Silhouette
• Single (or Western) Action

2. Payment of compensation for non-prohibited handguns for sporting shooters retiring from the sport

States and Territories will accept and pay compensation for non-prohibited handguns. Commonwealth will fully reimburse jurisdictions for compensation paid.

3. Compensation for Shooters

Retail price according to condition and age of handgun

4. Compensation for Dealers and Importers

Compensation for dealers to be based on wholesale price plus 10%; for importers compensation will be the declared Customs value plus 20%.

5. Compensation for historical collectors

Historical collectors unable to meet the “student of arms” requirement and compelled to surrender handgun collection will be compensated. Commonwealth will fully reimburse jurisdictions for compensation paid.

6. Parts and accessories eligible for compensation

Shooters: Major parts and accessories attributable to the prohibited handgun. Dealers: Major and minor parts and commercial ammunition that cannot be interchanged with non-prohibited handguns

7. Unregistered handguns ineligible for compensation

Compensation should not be paid for unregistered handguns surrendered during amnesty.

8. Exemption of black powder firearms from prohibition and limitation of handguns to 10 shot capacity

Both matters reflect COAG’s intention and confirmed out of session.