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
2019-11-26
Tabled by Tony Sievers
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.
English
Tabled papers
Department of the Legislative Assembly
Darwin
application/pdf
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https://www.legislation.gov.au/Details/C2019C00042
https://hdl.handle.net/10070/755112
https://hdl.handle.net/10070/768771
Examination of the Bill 27 it does not extend to determining whether an offence under clause 49S has arisen: the offence of residing at premises where there are firearms. From an evidential perspective, that begs the question of what happens where a firearm is found on the premises that might warrant a prosecution under clause 49S, but where the weapon was not acquired, possessed or used by the prohibited person.36 3.47 The Committee sought clarification from NTPOL as to why the offence under proposed s 49S was not included in proposed s 49W as grounds under which such a search may be conducted and was advised that: police note that there is a potential loophole in the scope of the power under section 49W. The intention of the power is for police to determine whether a breach of the firearm prohibition order is occurring. The Scrutiny Committee have correctly identified that a suspected breach of section 49S would fall outside the scope of section 49W as currently drafted.37 3.48 NT Police further advised that they would: support an amendment to the Bill that extended the power at s49W to include a search of the premises where a person subject to a firearm prohibition order resides if reasonably required to determine whether there is a firearm or firearm related item on the premises.38 Committees Comments 3.49 The Committee is satisfied with the Departments advice and has made a recommendation accordingly. Recommendation 5 The Committee recommends that proposed section 49W be amended to include a search of the premises where a person subject to a firearm prohibition order resides if reasonably required to determine whether there is a firearm or firearm related item on the premises. Clause 6 proposed section 49ZA Sale, disposal or return of firearms or firearm related items surrendered or seized under this Part Wording of proposed s 49ZA 3.50 Proposed section 49ZA provides for the sale, disposal or return of firearms or firearm related items that are: not required as evidence under proposed s 49Z(2); have not been forfeited to the Territory under proposed s 49Z(3); or have not been declared subject to forfeiture under proposed s 49Z(4). 36 Professor Ned Aughterson, Legal Advice to the Economic Policy Scrutiny Committee, Inquiry into the Firearms Legislation Amendment Bill 2019, 8 October 2019, p. 4. 37 Northern Territory Police Force, Responses to Written Questions, p. 9, https://parliament.nt.gov.au/committees/EPSC/106-2019#TP 38 Northern Territory Police Force, Responses to Written Questions, p. 9, 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