Firearms (Compensation) Regulations 2003 (ACT)

Firearms (Compensation) Regulations 2003 (repealed)   

SL2003-28

made under the

Firearms Act 1996

Republication No 3

Effective:  2 July 2004

Republication date: 2 July 2004

Regulations expired 1 July 2004 (see reg 4 and endnote 3)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Firearms (Compensation) Regulations 2003 (repealed), made under the Firearms Act 1996, including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes).It also includes any commencement, amendment, repeal or expiry affecting the republished law to 2 July 2004. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Firearms (Compensation) Regulations 2003 (repealed)

made under the

Firearms Act 1996

Contents

Page

Part 1Preliminary

1. Name of regulations  2

2. Application of pt 2  2

3. Expiry  2

Part 2Modification of Act, pt 12

1. Act modified—pt 2  3

2. Section 129  3

3. Section 135 (2)  4

4. New section 135A  4

5. Section 136  6

6. Section 137 (2)  8

7. New sections 137A and 137B  8

8. Section 138 (2)  10

9. Section 139  11

10. Section 140  11

Endnotes

1. About the endnotes  12

2. Abbreviation key  12

3. Legislation history  13

4. Amendment history  13

5. Earlier republications  14

Firearms (Compensation) Regulations 2003 (repealed)

made under the

Firearms Act 1996

Part 1Preliminary

1. Name of regulations

   These regulations are the Firearms (Compensation) Regulations 2003.

2. Application of pt 2

   Part 2 applies in relation to a pistol, and an accessory or major part for a pistol, for which a person is entitled to compensation under the Act, part 12 (Transitional provisions).

3. Expiry

   These regulations expire on 1 July 2004.

Part 2Modification of Act, pt 12

1. Act modified—pt 2

   This part modifies the Firearms Act 1996, part 12 (Transitional provisions).

2. Section 129

   substitute

3. Definitions for pt 12

   In this part:

   accessory, for a pistol, does not include a cap, jacket, carry bag, glove, safety glasses or a similar item.

   amnesty period—

   (a) means the period after 30 June 2003 and before 1 January 2004; and

   (b)for the following provisions—includes the period beginning on 5 January 2004 and ending at 12 noon on 10 January 2004:

   ·section 132 (Temporary amnesty for possession of prohibited pistols by licensed target pistol shooters)

   ·section 135 (Compensation for surrendered prohibited pistols—licensed pistol shooters)

   ·section 135A (Compensation for surrendered accessories and major parts—licensed pistol shooters)

   ·section 136 (Compensation for licensed firearms dealers—prohibited pistols)

   ·section 136A (Compensation for licensed firearms dealers—other items)

   ·section 137 (Compensation and mandatory licence disqualification—licensed pistol shooters withdrawing from pistol shooting)

   ·section 137B (Compensation for licensed pistol shooters withdrawing from pistol shooting—other items).

   major part, for a pistol, includes a slide, barrel, revolving chamber, trigger assembly, frame and magazine.

   National Valuation List means a National Valuation List, as amended from time to time, on the web site at list, for a pistol, or an accessory or major part for a pistol, means the National Valuation List (if any) applying to the pistol, accessory or major part.

   valuation panel means the panel established under section 140.

4. Section 135 (2)

   substitute

   (2)The person is entitled to payment of the following amount of compensation for the pistol:

   (a)if a valuation list applies to the pistol—the amount worked out in accordance with the list; or

   (b)if a valuation list does not apply to the pistol—the amount assessed by the valuation panel.

   (3)However, if a valuation list applies to the pistol and the person asks a police officer to arrange for the pistol’s value to be assessed by the valuation panel, the person is entitled to payment of the amount of compensation assessed by the valuation panel.

5. New section 135A

   insert

135ACompensation for surrendered accessories and major parts—licensed pistol shooters

(1)In this section:

related item, for a person, means—

(a)a major part of, or a major part designed for use with, a pistol for which the person is entitled to compensation under section 135; or

(b)an accessory (including a special holster) that is—

(i)specific to a pistol for which the person is entitled to compensation under section 135; and

(ii)directly related to the person’s participation in pistol shooting; or

(c)a major part of, or major part designed for use with, a prohibited pistol that is no longer owned by the person but that has been registered in the person’s name.

(2)This section applies to a person if—

(a)section 135 applies to the person; and

(b)the person surrenders a related item owned by the person to a police officer during the amnesty period.

(3)The person is entitled to payment of the following amount of compensation for the related item:

(a)if a valuation list applies to the item—the amount worked out in accordance with the list; or

(b)if a valuation list does not apply to the item—the amount assessed by the valuation panel.

(4)However, if a valuation list applies to the item but the person asks a police officer to arrange for the item’s value to be assessed by the valuation panel, the person is entitled to payment of the amount of compensation assessed by the valuation panel.

(5)For this section, the person or a police officer may ask the valuation panel to decide whether a thing is a related item for the person.

(6)The valuation panel’s decision applies to the working out of the amount of compensation to which the person is entitled to under this section.

1. Section 136

   substitute

2. Compensation for licensed firearms dealers—prohibited pistols

   (1)This section applies to a prohibited pistol owned by a licensed firearms dealer if—

   (a)the dealer acquired or ordered the pistol before 20 December 2002; and

   (b)the dealer surrenders the pistol to a police officer during the amnesty period.

   (2)The dealer is entitled to payment of the following amount of compensation for the pistol:

   (a)if      the pistol was imported by the dealer—the total of the customs value of the pistol determined in accordance with the Customs Act 1901 (Cwlth), section 159 and 20% of that determined customs value;

   (b)in any other case—

   (i)if a valuation list applies to the pistol—the amount worked out in accordance with the list; or

   (ii)if a valuation list does not apply to the pistol—the amount assessed by the valuation panel.

   (3)However, if a valuation list applies to the pistol but the dealer asks a police officer to arrange for the pistol’s value to be assessed by the valuation panel, the dealer is entitled to payment of the amount of compensation assessed by the valuation panel.

136ACompensation for licensed firearms dealers—other items

(1)In this section:

related item means—

(a)any part or accessory for a prohibited pistol that can be used only for a prohibited pistol; or

(b)commercially available factory-loaded ammunition that can be used only by a prohibited pistol.

(2)This section applies to a licensed firearms dealer if—

(a)the dealer acquired or ordered a related item before 20 December 2002; and

(b)the dealer surrenders the item to a police officer during the amnesty period.

(3)For each particular kind of related item surrendered by the dealer, the dealer is entitled to payment of the amount of compensation worked out in accordance with subsection (4) or (5) for a quantity of the item that is not more than a commercially viable stock level for the item.

(4)The amount of compensation payable to the dealer for a related item is as follows:

(a)if      the item was imported by the dealer—the total of the customs value of the item determined in accordance with the Customs Act 1901 (Cwlth), section 159 and 20% of that determined customs value;

(b)in any other case—

(i)if a valuation list applies to the item—the amount worked out in accordance with the list; or

(ii)if a valuation list does not apply to the item—the amount assessed by the valuation panel.

(5)However, if a valuation list applies to the item but the dealer asks a police officer to arrange for the item’s value to be assessed by the valuation panel, amount of compensation payable to the dealer is the amount assessed by the valuation panel.

(6)For this section, the person or a police officer may ask the valuation panel to decide whether—

(a)a thing is a related item for the dealer; or

(b)the quantity of a related item that is a commercially viable stock level for the item.

(7)The valuation panel’s decision applies to the working out of the amount of compensation to which the dealer is entitled to under this section.

1. Section 137 (2)

   omit

2. New sections 137A and 137B

   insert

137ACompensation for licensed pistol shooters withdrawing from pistol shooting—pistols

(1)This section applies to a person to whom section 137 applies.

(2)The person is entitled to payment of the following amount of compensation for each pistol surrendered by the person under section 137:

(a)if a valuation list applies to the pistol—the amount worked out in accordance with the list; or

(b)if a valuation list does not apply to the pistol—the amount assessed by the valuation panel.

(3)However, if a valuation list applies to the pistol and the person asks a police officer to arrange for the pistol’s value to be assessed by the valuation panel, the person is entitled to payment of the amount of compensation assessed by the valuation panel.

137BCompensation for licensed pistol shooters withdrawing from pistol shooting—other items

(1)In this section:

related item, for a person, means—

(a)a major part of, or a major part designed for use with, a pistol for which the person is entitled to compensation under section 137; or

(b)an accessory (including a special holster) that is—

(i)specific to a pistol for which the person is entitled to compensation under section 137; and

(ii)directly related to the person’s participation in pistol shooting; or

(c)a major part of, or major part designed for use with, a prohibited pistol that is no longer owned by the person but that has been registered in the person’s name.

(2)This section applies to a person if—

(a)section 137 applies to the person; and

(b)the person surrenders a related item owned by the person to a police officer during the amnesty period.

(3)The person is entitled to payment of the following amount of compensation for the related item:

(a)if a valuation list applies to the item—the amount worked out in accordance with the list; or

(b)if a valuation list does not apply to the item—the amount assessed by the valuation panel.

(4)However, if a valuation list applies to the item but the person asks a police officer to arrange for the item’s value to be assessed by the valuation panel, the person is entitled to payment of the amount of compensation assessed by the valuation panel.

(5)For this section, the person or a police officer may ask the valuation panel to decide whether a thing is a related item for the person.

(6)The valuation panel’s decision applies to the working out of the amount of compensation to which the person is entitled to under this section.

1. Section 138 (2)

   substitute

   (2)The person is entitled to payment of the following amount of compensation for the pistol:

   (a)if a valuation list applies to the pistol—the amount worked out in accordance with the list; or

   (b)if a valuation list does not apply to the pistol—the amount assessed by the valuation panel.

   (2A)However, if a valuation list applies to the pistol and the person asks a police officer to arrange for the pistol’s value to be assessed by the valuation panel, the person is entitled to payment of the amount of compensation assessed by the valuation panel.

2. Section 139

   omit

3. Section 140

   substitute

4. Valuation panel

   (1)The chief executive must arrange for the establishment of a valuation panel constituted by—

   (a)4 firearms dealers licensed under the Firearms Act 1996 (NSW); and

   (b)1 police officer exercising functions in relation to the surrender of pistols under this part; and

   (c)1 police officer experienced in firearm ballistics.

   NoteFor the making of appointments, see Legislation Act, div 19.3.

   (2)The quorum for a meeting of the panel is 1 firearms dealer and 1 police officer.

   (3)The panel has the functions given to it by this part.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
cl = clause	pres = present
def = definition	prev = previous
dict = dictionary	(prev...) = previously
disallowed = disallowed by the Legislative	pt = part
Assembly	r = rule/subrule
div = division	reg = regulation/subregulation
exp = expires/expired	renum = renumbered
Gaz = Gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   Firearms (Compensation) Regulations 2003 SL2003-28

   notified LR 28 August 2003
   reg 1, reg 2 commenced 28 August 2003 (LA s 75 (1))
   remainder commenced 29 August 2003 (reg 2)

   NoteSL exp 1 July 2004 (see SL2003-28 reg 4).

   as amended by

   Firearms (Extension of Amnesty) Amendment Regulations 2004 (No 1) SL2004-3

   notified LR 19 January 2004
   reg 1, reg 2 commenced 19 January 2004 (LA s 75 (1))
   remainder commenced 20 January 2004 (reg 2)

2. Amendment history

   Commencement

   reg 2om LA s 89 (4)

   Section 129

   reg 6am SL2004-3 reg 4

   Amendment of Firearms Regulations

   pt 3 hdgom LA s 89 (3)

   Regulations amended—pt 3

   reg 15om LA s 89 (3)

   Regulation 4

   reg 16om LA s 89 (3)

   Regulation 4 (b) to (f)

   reg 17om LA s 89 (3)

   Regulation 29 (2) (a) (ii)

   reg 18om LA s 89 (3)

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 29 Aug 2003	29 Aug 2003‑ 19 Jan 2004	not amended	new regulations
R2 20 Jan 2004	20 Jan 2004– 1 July 2004	SL2004-3	amendments by SL2004-3

©  Australian Capital Territory 2004