Economic Policy Scrutiny Committee Inquiry into the Firearms Legislation Amendment Bill 2019 November 2019
Tabled paper 1423
Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT
Tabled by Tony Sievers
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Department of the Legislative Assembly
Examination of the Bill 17 Committees Comments 3.8 The Committee is satisfied with the Departments response and has made a recommendation accordingly. Recommendation 2 The Committee recommends that the definition of criminal intelligence in clause 4 be amended to align with the definition in the Serious Crime Control Act 2009 either by including an identical definition in clause 4 or by reference to the definition of criminal intelligence in section 6 of the Serious Crime Control Act 2009. Clause 6 proposed section 49C Meaning of firearm related item 3.9 Proposed s 49C clarifies what is meant by firearm related items, with this including ammunition; a silencer; an item that is designed as, or reasonably capable of forming, part of a firearm; and any other item prescribed by regulation. The Alannah and Madeline Foundation commented that the term sound suppressor is more commonly used by the firearms community than the word silencer, and noted that sound suppressors can take many forms and that the term may be more allencompassing. They expressed concerns that use of the word silencer may result in technical gun advocates seeking to circumvent the clause, as nothing completely silences a firearm, and recommended that proposed s 49C(b) be amended to replace the word silencer with the term sound suppressor. 3.10 The Committee sought clarification from NTPOL regarding the effect on the operation of the Bill of replacing silencer with sound suppressor and was advised that: a. 'Silencer' is already a defined term in s 3 of the Firearms Act 1997 (the Act). While there may be two different terms used by members of the firearms community, the legal definition of silencer adequately covers a device known as a 'sound suppressor': silencer means: (a) a device capable of being used to suppress the noise of the discharge of a firearm; and (b) a device mentioned in paragraph (a) that, for the time being, does not suppress the noise of the discharge of a firearm because of the absence or defect of a part of the device but would, if the part were replaced, renewed or repaired, suppress the noise of the discharge of a firearm. For consistency, the Act should refer to the one defined term.12 Committees Comments 3.11 The Committee is satisfied with the Departments advice. 12 Northern Territory Police Force, Responses to Written Questions, p. 4, https://parliament.nt.gov.au/committees/EPSC/106-2019#TP. https://parliament.nt.gov.au/committees/EPSC/106-2019#TP
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