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Review of the Firearms Act 1973 (Wa) Project 105 Discussion Paper

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Review of the Firearms Act 1973 (Wa) Project 105 Discussion Paper REVIEW OF THE FIREARMS ACT 1973 (WA) PROJECT 105 DISCUSSION PAPER OCTOBER 2015 THE LAW REFORM COMMISSION OF WESTERN AUSTRALIA COMMISSIONERS CHAIR: Dr D Cox BSc (Hons), PhD (UWA), LLB (Hons) (Murd) MEMBERS: Dr A Zimmermann LLB, LLM (PUC-Rio), PhD (Monash) Ms F Seaward BComm, LLB (Hons) (UWA), from 26 August 2015 Mr A Sefton BComm, LLB (Hons) (ANU), until 25 August 2015 © Government of Western Australia ALL RIGHTS RESERVED Law Reform Commission of Western Australia Level 12, Westralia Square 141 St Georges Terrace Perth WA 6000 Australia Telephone: +61 8 9264 1340 Facsimile: +61 8 9264 6114 ISBN: 978-1-74035-044-0 Printed by Scott Print, Western Australia Portions of text in this Paper may be reproduced with due acknowledgement. Except for the purposes of research—and subject to the provisions of the Copyright Act 1968 (Cth)—all other forms of graphic or textual reproduction or transmission by any means requires the written permission of the Law Reform Commission of Western Australia. This document can be provided in alternative formats for people with disabilities. TABLE OF CONTENTS ABBREVIATIONS USED ............................................................................................................................................. 4 SUBMISSIONS ............................................................................................................................................................ 5 ACKNOWLEDGEMENTS ......................................................................................................................................... 6-7 1. TERMS OF REFERENCE ................................................................................................................................. 8-10 1.1 Background to Reference ..................................................................................................................... 8 1.2 Scope of Reference ................................................................................................................................ 9 1.3 Methodology ......................................................................................................................................... 9 2. THE NATIONAL FRAMEWORK ....................................................................................................................11-15 2.1 Firearms Legislation in Western Australia ..........................................................................................11 2.2 Background to the National Framework ............................................................................................11 2.3 1996 Amendments – the National Firearms Agreement ...................................................................12 2.4 The 2002 National Firearms Agreements ...........................................................................................13 2.5 Approaches to the National Framework ............................................................................................15 3. PERSPECTIVES ON THE PURPOSE OF FIREARMS REGULATION .............................................................. 16-19 3.1 Differing views on firearm regulation and the Firearms Act 1973 (WA) .........................................16 3.2 The Commission’s view .........................................................................................................................17 4. THE COMMISSION’S PROPOSALS AND QUESTIONS AT A GLANCE .......................................................20-37 5. THE FIREARMS ACT 1973 (WA) – OVERVIEW ...........................................................................................38-43 5.1 Licensing regime – grant of licences, permits and approvals ........................................................... 38 5.2 Powers of the Governor ...................................................................................................................... 38 5.3 Application process – discretion of the Commissioner ..................................................................... 38 5.4 Categories and duration of licences ................................................................................................... 39 5.5 Conditions and endorsements on licences .........................................................................................41 5.6 Exemptions ............................................................................................................................................41 5.7 Revocation and refusal of licences, permit and approvals; appeals ................................................ 42 5.8 Reviews of decisions made under the Firearms Act 1973 (WA) ....................................................... 42 5.9 Structure of the Firearms Act 1973 (WA) ........................................................................................... 43 6. ADMINISTRATION OF THE FIREARMS ACT 1973 (WA) ............................................................................44-56 6.1 Licensing and application process ...................................................................................................... 44 6.2 Information storage – 2013 Information Systems Audit Report by the Auditor General .............. 47 6.3 Application processing – time delays ................................................................................................. 52 6.4 Application processing – storage and pre-approval ......................................................................... 55 6.5 Fees for applications under the Firearms Act 1973 (WA) ................................................................. 56 LRCWA Project 105 l Review of the Firearms Act – Discussion Paper 1 7. DEFINITIONS AND CATEGORISATION OF FIREARMS .............................................................................. 57-78 7.1 Definition of ‘firearm’ in Western Australia ...................................................................................... 57 7.2 Definition of ‘firearm’ in other jurisdictions ..................................................................................... 60 7.3 The Weapons Act 1999 (WA) .............................................................................................................. 62 7.4 Categories of firearms ......................................................................................................................... 63 7.5 Prohibited firearms .............................................................................................................................. 66 7.6 Antique mechanism firearms .............................................................................................................. 72 7.7 Inoperable firearms ............................................................................................................................. 75 8. APPLICATION OF THE FIREARMS ACT 1973 (WA) – ‘FIT AND PROPER PERSON’ ...................................79-85 8.1 Application of ‘fit and proper person’ test – case law ..................................................................... 81 8.2 Fit and proper person – additional firearms ..................................................................................... 82 9. APPLICATION OF THE FIREARMS ACT 1973 (WA) – ‘GENUINE REASON’ AND ‘GENUINE NEED’ ....................................................................................................................................... 86-105 9.1 ‘Genuine reason’ .................................................................................................................................. 86 9.2 ‘Genuine need’ .................................................................................................................................... 95 10. APPLICATION OF THE FIREARMS ACT 1973 (WA) – OTHER CONCERNS ............................................ 106-120 10.1 Persons under 18 ............................................................................................................................... 106 10.2 Lending firearms .................................................................................................................................107 10.3 Licence terms and renewals ...............................................................................................................110 10.4 Serviceability certificates ...................................................................................................................112 10.5 Extracts of Licence ..............................................................................................................................113 10.6 Training ...............................................................................................................................................114 10.7 Recognition of interstate licences .....................................................................................................115 10.8 International permits .........................................................................................................................116 10.9 Sports shooting ...................................................................................................................................117 10.10 Replacement firearms ........................................................................................................................118 11. STORAGE OF FIREARMS AND AMMUNITION .......................................................................................121-132 11.1
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