EXPLANATORY STATEMENT
STATUTORY RULES 1988 NO. 17
ISSUED BY THE AUTHORITY OF THE
MINISTER FOR DEFENCE
AUSTRALIAN RIFLE CLUB REGULATIONS (REPEAL)
Under section 124 of the Defence Act 1903 (“the Act”), the Governor-General may make regulations, not inconsistent with the Act, prescribing matters which the Act requires or permits to be prescribed, or which are necessary or convenient to be prescribed, for securing the good government of the Defence Force, or for carrying out or giving effect to the Act. Paragraphs 124(1)(j) and (k) of the Act enable regulations to be made for the establishment, administration and control of rifle clubs and associations. Paragraph 124(1)(ka) enables regulations to be made for rifle clubs to conduct canteens providing intoxicating liquor.
Under section 123G of the Act, the Minister for Defence may make orders, not inconsistent with the Act, for and in relation to the control and administration of rifle ranges. Paragraph 123G(1)(c) enables orders to be made for the carriage, possession or use of firearms on or in connection with a rifle range.
The Australian Rifle Club Regulations (“the Regulations”), made under the Act, prescribed arrangements involving the Defence Organisation in the establishment, administration and control of rifle clubs and associations. For some time now rifle clubs and associations have had no Defence significance and it is no longer appropriate for the Defence Organisation to be involved in their affairs.
It was therefore decided that the Regulations be repealed. The intention is that the rifle clubs and associations will have the same status as any other sporting clubs and associations: they will be responsible for their own administration and control, within the framework established by the National Rifle Association of Australia.
As an interim measure, it was decided to make an Order under paragraph 123G(1)(c) of the Act and new Defence (General) Regulations under paragraph 124(1)(ka) of the Act to maintain existing exemptions from State and Territory laws relating to firearms and liquor licensing respectively. (Those exemptions were contained in regulation 80 of the Regulations.) It is proposed that the new exemption provisions will remain in force for approximately 6 months, to give the rifle clubs and associations time to adjust to State and Territory laws, and will then be repealed.
The Order relating to firearms is to be made separately by the Minister for Defence and the new Defence (General) Regulations are contained in a separate Statutory Rule.
Australian Rifle Club Regulations (Repeal)
This Statutory Rule repeals the Regulations.
Commencement
The Statutory Rule comes into operation on the date of gazettal.
Overview
The Australian Rifle Club Regulations (Repeal) Statutory Rules 1988, enacted under the authority of the Minister for Defence, addresses the need to remove the Defence Organisation's involvement in the establishment, administration, and control of rifle clubs and associations, which have lost their Defence significance over time. This repeal seeks to align the status of these clubs with other sporting entities, allowing them to manage their own affairs within the National Rifle Association of Australia's framework. The policy objective is to ensure that rifle clubs and associations can transition smoothly while maintaining existing exemptions from State and Territory laws concerning firearms and liquor licensing until new regulations are established. This interim measure is intended to provide these clubs approximately six months to adjust to the new legal environment before the exemptions are repealed.
Scope and Application
The Australian Rifle Club Regulations (Repeal) Statutory Rule 1988 No. 17, issued by the authority of the Minister for Defence, marks the repeal of the Australian Rifle Club Regulations made under the Defence Act 1903. This repeal reflects the diminishing Defence significance of rifle clubs and associations, thereby transitioning their administration and control to the National Rifle Association of Australia, aligning them with other sporting clubs and associations. The scope of this repeal applies to all rifle clubs and associations previously under the Defence Organisation's purview, altering their legal standing and operational autonomy. The repeal ensures these entities operate independently, governed by the framework established by the National Rifle Association of Australia. As a transitional measure, the Statutory Rule maintains existing exemptions from State and Territory laws concerning firearms and liquor licensing for approximately six months, allowing these clubs time to adjust to the new legal environment before these exemptions are subsequently repealed. The repeal signifies a shift in regulatory responsibility from Defence to the sporting associations, ensuring compliance with broader legal frameworks while providing a temporary bridge for the affected entities.
Key Provisions
The Australian Rifle Club Regulations (Repeal) Statutory Rule primarily addresses the repeal of the Australian Rifle Club Regulations (the Regulations) under section 124 of the Defence Act 1903 (the Act). The Regulations, which previously governed the establishment, administration, and control of rifle clubs and associations, are being repealed because these clubs have lost their Defence significance and it is no longer appropriate for the Defence Organisation to be involved in their affairs. As a result, these clubs will now be treated like any other sporting clubs and associations, managing their own administration and control within the framework established by the National Rifle Association of Australia (section 1).
In line with the repeal, certain interim measures are being put in place to ensure a smooth transition. An Order will be made by the Minister for Defence under section 123G of the Act to regulate the carriage, possession, or use of firearms on or in connection with a rifle range. Additionally, new Defence (General) Regulations will be made under section 124(1)(ka) of the Act to maintain existing exemptions from State and Territory laws relating to firearms and liquor licensing. These interim measures are intended to remain in effect for approximately six months, providing time for the rifle clubs and associations to adjust to the new legal environment before the exemptions are repealed (section 1).
The obligations imposed by the Statutory Rule include ensuring that the repealed Regulations are no longer applied to rifle clubs and associations. This means that these clubs must now independently manage their operations and comply with any relevant State and Territory laws. The obligation to repeal the Regulations also includes the responsibility to create and maintain the new interim measures, such as the Order and Defence (General) Regulations, to ensure a seamless transition and continued compliance with firearms and liquor licensing laws during the interim period (section 1).
Breach of the provisions in the Statutory Rule could lead to legal consequences under State and Territory laws, particularly regarding the handling and licensing of firearms and intoxicating liquor. For instance, if a rifle club fails to comply with the new State and Territory laws after the interim exemption period ends, it may face penalties under those jurisdictions. The Statutory Rule itself does not specify penalties but directs that the existing exemptions will be repealed after six months, implying that non-compliance with State and Territory laws post-exemption could result in fines, legal action, or other penalties as prescribed by those laws (section 1).