Territory Stories

Economic Policy Scrutiny Committee Inquiry into the Firearms Legislation Amendment Bill 2019 November 2019

Details:

Title

Economic Policy Scrutiny Committee Inquiry into the Firearms Legislation Amendment Bill 2019 November 2019

Other title

Tabled paper 1423

Collection

Tabled papers for 13th Assembly 2016 - 2020; Tabled papers; ParliamentNT

Date

2019-11-26

Description

Tabled by Tony Sievers

Notes

Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.

Language

English

Subject

Tabled papers

Publisher name

Department of the Legislative Assembly

Place of publication

Darwin

File type

application/pdf

Use

Copyright

Copyright owner

See publication

License

https://www.legislation.gov.au/Details/C2019C00042

Parent handle

https://hdl.handle.net/10070/755112

Citation address

https://hdl.handle.net/10070/768771

Page content

Inquiry into the Firearms Legislation Amendment Bill 2019 22 3.29 The Committee sought clarification from NTPOL regarding the rationale for cancelling the licence of a body corporate based on an FPO being placed on one of its officers and was advised that: The rationale for cancelling the licence held by a body corporate was to remove access to firearms and firearm related items. On considering the question from the Scrutiny Committee, NTPOL considers that it may be more appropriate if the licence was only cancelled when a firearm prohibition order was issued for the representative of the holder of the licence (other than a firearms dealers licence, see below). A licence issued to a body corporate requires one individual person to be the representative of the holder of the licence. That representative must be a fit and proper person. If the individual ceases to be the representative for the body corporate, the body corporate must advise the Commissioner of the change of representative within 14 days. In the event that a representative of a body corporate licence holder is issued with a firearm prohibition order, it would be inappropriate for that person to have continued access to firearms through the body corporates licence. NTPOL notes that the main objective of the issuing of firearm prohibition orders is to maintain public safety by immediately removing access to firearms and firearm related items for certain people. A person who is issued a firearm prohibition order would not satisfy the requirement that a representative be a fit and proper person. A licence held by a body corporate cannot function without a properly appointed representative.24 3.30 NTPOL further advised that they would support an amendment which provided that: in the event that a representative is issued with a firearm prohibition order, the licence held by the body corporate is suspended. The provision could further state that on being informed of the suspension by police, the body corporate will have 14 days in which to advise the Commissioner of the new representative for the licence holder. If the licence holder complies with that requirement, the suspension can be lifted and the licence can continue to operate. If the body corporate fails to nominate a new representative within 14 days, the licence will be cancelled. The body corporate would then need to apply for a new licence.25 3.31 This amendment would not apply to a firearms dealer licence as the applicant for such a licence must be the person primarily responsible for the firearms dealer business. As NTPOL explained: Because a firearms dealer licence remains effectively tied to the original applicant, there is no ability to transfer a firearms dealer licence. In the event that an applicant for a firearms dealer licence is issued with a firearm prohibition order, the firearms dealer licence must be cancelled.26 Committees Comments 3.32 The Committee is satisfied with the response from NTPOL and has made a recommendation in line with their advice. 24 Northern Territory Police Force, Responses to Written Questions, pp. 5-6, https://parliament.nt.gov.au/committees/EPSC/106-2019#TP 25 Northern Territory Police Force, Responses to Written Questions, p. 6, https://parliament.nt.gov.au/committees/EPSC/106-2019#TP 26 Northern Territory Police Force, Responses to Written Questions, p. 6, https://parliament.nt.gov.au/committees/EPSC/106-2019#TP https://parliament.nt.gov.au/committees/EPSC/106-2019#TP https://parliament.nt.gov.au/committees/EPSC/106-2019#TP https://parliament.nt.gov.au/committees/EPSC/106-2019#TP


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