Supplementary Order Paper No 445

No 445

House of Representatives

Supplementary Order Paper

Wednesday, 19 February 2020

Arms Legislation Bill

Proposed amendments

Brett Hudson, in Committee, to move the following amendments:

Clause 53

In clause 53, new section 38A, delete the definitions of application for approval, application for certfication, and certified shooting range (page 56, lines 24 to 28).

In clause 53, new section 38A, insert before the definition of shooting activities (page 56, before line 29):

notification means a notification made under sections 38C or 38L

In clause 53, replace new section 38B (page 57, lines 12 to 22) with:

38B Shooting club must provide notification of activities

(1)

A shooting club that uses a shooting range for its shooting activities must notify the Commissioner of its existence and describe the activities to be undertaken by the shooting club.

(2)

A person commits an offence and is liable on conviction to a fine not exceeding $1,000 if the person, without reasonable excuse, establishes or continues to operate a shooting club without notifying the Commissioner.

In clause 53, replace new sections 38C to 38I (page 57, line 30 to page 59, line 26) with:

38C Notification

A shooting club must—

(a)

provide notification of their club to the Commissioner; and

(b)

include information about the club including—

(i)

the location of the club; and

(ii)

the activities to be undertaken by the club; and

(iii)

the firearms to be used at the club.

38D Commissioner may make inquiries and request further information

On receipt of a notification under section 38C, the Commissioner may make whatever inquiries the Commissioner considers necessary to confirm the information provided.

In clause 53, heading to new section 38K, replace certified (page 59, line 33) with notified.

In clause 53, new section 38K(1), replace “unless the shooting range is a certified shooting range” (page 59, lines 34 and 35) with “unless the shooting range has notified the Commissioner that it is a shooting range”.

In clause 53, replace new sections 38L to 38S (page 60, line 4 to page 62, line 5) with:

38L Notification of a shooting range

A person intending to operate a shooting range must—

(a)

provide notification of the shooting range to the Commissioner; and

(b)

include information about the shooting range including—

(i)

the location of the shooting range; and

(ii)

the activities to be undertaken at the shooting range; and

(iii)

the firearms to be used at the shooting range.

38M Commissioner may make inquiries and request further information

On receipt of a notification under section 38L, the Commissioner may make whatever inquiries the Commissioner considers necessary to confirm the information provided.

In clause 53, replace the cross-heading above new section 38T (page 62, line 6) with:

Inspection of shooting ranges

In clause 53, heading to new section 38T, delete shooting clubs and (page 62, line 7).

In clause 53, new section 38T(1)(b), replace “copy, or remove” (page 62, line 17) with “or copy”.

Explanatory note

This Supplementary Order Paper amends clause 53 of the Arms Legislation Bill to provide for the notification to Police of shooting clubs and ranges, rather than certification. It allows Police to seek and receive information about the club and range, and to inspect shooting ranges. It also provides for a greater level of information disclosure of club activities to Police without imposing stringent new regulation and rules on clubs and ranges.

Putting more compliance on clubs and ranges may result in these clubs ceasing to operate, or being threatened with significant penalties. But clubs and ranges are not illegal activities, nor should they be treated as such. The Arms Act 1983 should provide a simple and easy regulatory environment for those who are trying to use firearms safely and legally.

Encouraging people to join clubs and be part of a community is important, particularly in terms of encouraging people to safely use firearms and learning the techniques to use them properly.

The bill’s current provisions require certification of shooting clubs and approval by Police. The problem is that if Police do not provide approval or require conditions that are perceived as onerous, then the people involved in the shooting club will not form the club. This does not mean that they will not be using firearms. National’s suggested approach balances the need for Police to be aware of shooting clubs and receive information about the club and its members with the ability of clubs to form and operate effectively.