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
Inquiry into the Firearms Legislation Amendment Bill 2019 18 Clause 6 proposed section 49E Firearm prohibition order 3.12 Proposed section 49E provides for the making of an FPO, however, it does not clearly indicate whether an FPO can be made in relation to a person who has previously been the subject of an order which has expired, been revoked, or set aside by the NTCAT. Although this is generally likely to be the case, legal advice provided to the Committee stated that: by clause 49H orders are made for specific periods and by clause 49M more than one application can be made to NTCAT at various stages over the specified period of the prohibition order to review the prohibition decision. That might suggest that the removal of a persons rights in this regard has a maximum duration.13 3.13 Equivalent legislation in Victoria provides greater clarity, with s 112D(4) of the Firearms Act 1996 (Vic) providing that A firearm prohibition order may be made that applies to an individual to whom a previous firearm prohibition order applied that has expired or been revoked. However, as noted by the Committees legal counsel, this still results in uncertainty regarding whether a fresh order can be made in circumstances where the original order has been set aside by the Tribunal.14 3.14 The Committee sought clarification from NTPOL on the effect on the operation of the Bill of including a provision similar to s 112D(4) in the Firearms Act 1996 (Vic) but with the addition of words to cover instances where an order has been set aside by the Tribunal and was advised that: The effect of the proposal would remove any uncertainty surrounding the ability to issue a new order. Including a provision akin to s112D(4) of the Firearms Act 1996 (Vic) (the Victorian Act) stating that an order may be issued to an individual to whom a previous firearm prohibition order applied that has expired, been revoked or set aside by NTCAT would clarify this ability.15 Committees Comments 3.15 The Committee is satisfied with the Departments advice and has made a recommendation accordingly. Recommendation 3 The Committee recommends that clause 49E be amended to insert an additional subsection with words to the effect A firearm prohibition order may be made that applies to an individual to whom a previous firearm prohibition order applied that has expired, been revoked or set aside by the Northern Territory Civil and Administrative Tribunal. 13 Professor Ned Aughterson, Legal Advice to the Economic Policy Scrutiny Committee, Inquiry into the Firearms Legislation Amendment Bill 2019, 8 October 2019, p. 4. 14 Professor Ned Aughterson, Legal Advice to the Economic Policy Scrutiny Committee, Inquiry into the Firearms Legislation Amendment Bill 2019, 8 October 2019, p. 4. 15 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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