Page 1037 - Week 03 - Thursday, 10 March 2016
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Mr Corbell: The answer to the member’s question is as follows:
(1) A folding, detachable, telescopic or collapsible stock is a prohibited article under Schedule 2 of the Prohibited Weapons Act 1996.
Customs (Prohibited Imports) Regulation 1956 (Cth) relates to the importation of firearms, parts and magazines. In accordance with the Australian Constitution, the Commonwealth has control over importation matters.
The sale, possession and use of firearms is however regulated by the states and territories.
As the Firearms Act 1996 and Prohibited Weapons Act 1996 do not relate to importation of firearms and weapons there is no issue of inconsistency.
The ACT Government keeps descriptions of prohibited firearms under review and will consider amendments as appropriate and in the context of other priorities.
(2) Possession of telescopic and folding stocks in the ACT is prohibited (see above). Any person who wishes to possess telescopic or folding stocks may apply to the ACT Firearms Registrar for a permit to do so. The Firearms Act and Regulation and Prohibited Weapons Act and Regulation regulate the issue of licences and permits. The Firearms Registrar has discretion to issue a licence or permit based on the satisfaction of relevant criteria on a case by case basis.
The Mutual Recognition (Australian Capital Territory) Act 1992, section 14 provides that subject to the Act, goods lawfully produced in or imported into a state or territory may be sold in another state or territory. Schedule 1 of that Act however provides a permanent exemption for firearms and other prohibited or offensive weapons. This means that selling these items across state and territory borders may be subject to further requirements including those set out in the Firearms Act and Prohibited Weapons Act.
(3) Legislative inconsistencies between states and territories vary because of a range of factors. For example, the ACT’s payroll tax threshold is $1.85 million. This is the highest payroll tax threshold in Australia, which makes the ACT the most friendly jurisdiction to small business of any state or territory, and places ACT businesses at a distinct advantage when competing with interstate businesses.
(4) The ACT Government is aware of changes to firearms laws in other jurisdictions through its membership on the National Firearms and Weapons Policy Working Group.
(5) The ACT Deputy Registrar of Firearms operates with an implied delegation to perform the functions of the Firearms Registrar under the Prohibited Weapons Act 1996.
During the 2015-2016 financial year, the Deputy Registrar of Firearms has issued 32 permits under the Prohibited Weapons Act.
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