EXPLANATORY STATEMENT
Issued by the authority of the Minister for Regional Development, Local Government and Territories
Cocos (Keeling) Islands Act 1955.
Cocos (Keeling) Islands Legislation Amendment (Gel Blasters) Ordinance 2026
Purpose and Operation
The Western Australian Department of Primary Industries and Regional Development (DPIRD) manages a range of priority pest species in the Indian Ocean Territories (IOT), including the Macao Paper Wasp (MPW), under a Service Delivery Agreement (SDA) with the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts (DITRDCSA).
The DPIRD sought the DITRDCSA’s assistance in enabling the use of gel blasters to improve the efficacy of MPW control on the Cocos Keeling Islands (CKI), by allowing polymer pellets soaked in sugar water and insecticide to be fired into currently inaccessible wasp nests (usually located high in palm trees).
MPWs are a highly aggressive species with a painful sting and are listed as a pest of national significance. Introduced to CKI in 2015, the MPWs are now widespread across the atoll, including on both inhabited and uninhabited islands. The peak active period for MPW is between November to March each year.
A more effective control program for the MPW would reduce the negative social and health impacts of this pest on the CKI community as well as reducing the biosecurity risk of the wasp spreading to Christmas Island or mainland Australia, both of which are currently free of this species.
Gel blasters are toy guns that shoot small, water-based gel balls, usually designed to be used in skirmish games. Although toys, some gel blasters look very similar to real weapons and can be used for intimidation. For this reason, gel blasters are banned in all Australian states except Queensland.
Gel blasters are listed as a prohibited weapon under the Weapons Act 1999 (WA)(CKI) (the Weapons Act) and the Weapons Regulations 1999 (WA)(CKI) (the Weapons Regulations). However, section 10 of the Weapons Act and regulation 8 of the Weapons Regulations provide exceptions that allow the use of prohibited weapons by certain persons for specified purposes in the course of their functions or duties.
The Cocos (Keeling) Islands Legislation Amendment (Gel Blasters) Ordinance 2026 (the Ordinance) has been drafted to amend regulation 8 to create an exemption that allows authorised officers administering biosecurity controls for the IOT, to carry or possess a manually operated gel blaster for the purpose of controlling invasive pest insects on CKI in the performance of their functions or duties.
In relation to bringing gel blaster guns into CKI, it was found that the Importation of Arms, Ammunition and Explosives Ordinance 1992 can be repealed as the importation of arms, ammunitions and explosives can be regulated through the Customs (Prohibited Imports) Regulations 1956 (Cth) (the Customs Regulations) and the Customs Ordinance 1993 (CKI) (the Customs Ordinance).
Details of the Ordinance are set out in Attachment A.
Authority
The Ordinance is made under section 12 of the Cocos (Keeling) Islands Act 1955 which allows the Governor-General to make ordinances for the peace, order and good government of the Territory.
Consultation
DITRDCSA consulted with DPIRD in Western Australia who manage a range of pest species in the IOT, including the MPW under a SDA. Meetings were held with departmental officers from the Invasive Species and Environmental Biosecurity Division at DPIRD who were able to provide an Impact Statement around MPW and the potential treatment option using gel blasters. As a prohibited weapon, discussion included the issue of bringing gel blasters in Western Australia and CKI along with the need to have an ordinance made for this to occur.
Consultation occurred with the Australian Federal Police and the Western Australian Police (as the agencies responsible for the Weapons Act and the Weapons Regulations). Information around the regulations controlling the importation of gel blasters into Western Australia and into CKI were provided.
DITRDCSA consulted the Department of Home Affairs in relation to the application of Customs legislation for CKI and to whether the importation of arms, ammunitions and explosives can be regulated through the Customs Regulations and the Customs Ordinance. An amendment under Schedule 2 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992 is required to repeal the Importation of Arms Ammunition and Explosives Ordinance 1992 which is no longer required.
Consultation was undertaken with the Shire of Cocos (Keeling) Islands (SoCKI) around MPW pest control management and a proposed ordinance to allow the use of gel blasters on CKI. Correspondence between DITRDCSA, DPIRD and SoCKI confirms they were supportive of the proposal to use gel blasters for MPW control and of the ability of their shire rangers to be trained in the use gel blasters.
The Administrator of the IOT has previously expressed support for the described approach to controlling MPWs on CKI.
Statement of Compatibility with Human Rights
A Statement of Compatibility with human rights for the purposes of Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 is set out at Attachment B.
Attachment A
Details of the Cocos (Keeling) Islands Legislation Amendment (Gel Blasters) Ordinance 2026
PART 1 – PRELIMINARY
Section 1 – Name of Instrument
This section specifies the name of the Ordinance is the Cocos (Keeling) Islands Legislation Amendment (Gel Blasters) Ordinance 2026.
Section 2 – Commencement
This section provides for the Ordinance to commence on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the Ordinance is made under the Cocos (Keeling) Islands Act 1955.
Section 4 – Definitions
This item provides for definitions of terms used in the Cocos (Keeling) Islands Applied Laws Ordinance 1992 and in the Weapons Regulations.
After Part 43 of Schedule 1 in the Cocos (Keeling) Islands Applied Laws Ordinance 1992 an insertion is to be made for Part 43A – Weapons Regulations and following regulation 8 an insertion is to be made that, 8A Exception for authorised persons and others in relation to gel blasters for control of invasive pest insects.
In the regulation there is a definition of an authorised person meaning that authorised person is a public service officer in the Western Australian Public Service, a person engaged by an employing authority of the Western Australian Public Service under a contract for services, an employee of the Shire of Cocos (Keeling) Islands or a person engaged by the Shire of Cocos (Keeling) Islands under a contract for service.
PART 2 – Amendments
Section 5 – Schedule 1 Amendments
Schedule 1 includes amendments to the Cocos (Keeling) Islands Applied Laws Ordinance 1992.
After Part 43 of Schedule 1 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992 a new part is to be included, 43A- Weapons Regulations. After regulation 8, 8A will include an exception to allow authorised persons for the controlling of invasive pest insects. The effect of the amendment will allow for the use of gel blaster guns to control MPWs which are an invasive pest insect on CKI without committing an offence under the Weapons Act Section 6 of the Weapons Act describes the penalties for offences as imprisonment for 3 years and a fine of $36 000.
An authorised person would be able to carry or possess a manually operated gel blaster without committing an offence under paragraph 6(1)(b) of the Weapons Act.
An authorised person who brings or sends or purchases a gel blaster from a person who is lawfully entitled to sell the gel blaster for the use in controlling invasive pest insects (MPWs) would not commit an offence under 6(1)(a) or (c) of the Weapons Act.
A person who brings, sends or carries or possesses a manually operated gel blaster or who purchases a gel blaster from a person entitled to lawfully sell the weapon would not commit an offence under section 6 of the Weapons Act, so long as the purpose is to sell or supply the gel blaster to an authorised person.
A person who sells or supplies a manually operated gel blaster to a person who is lawfully entitled to purchase or possess the gel blaster would not commit an offence under paragraph 6(1)(C) of the Weapons Act.
Section 6 – Schedule 2 - Repeals
An amendment under Schedule 2 of the Cocos (Keeling) Islands Applied Laws Ordinance 1992 would repeal the Importation of Arms Ammunition and Explosives Ordinance 1992.
The importation of ammunitions and explosives will instead be regulated through the Customs Regulations and the Customs Ordinance.
Attachment B
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Cocos (Keeling) Islands Legislation Amendment (Gel Blasters) Ordinance 2026
This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Legislative Instrument
The Cocos (Keeling) Islands Legislation Amendment (Gel Blasters) Ordinance 2026 (the Legislative Instrument) will amend the
- Cocos (Keeling) Islands Applied Laws Ordinance 1992 to provide an exception under the Weapons Regulations 1999 (WA) (CKI), allowing authorised persons and others in relation to gel blasters for control of invasive pest insects.
The Legislative Instrument will repeal the Importation of Arms, Ammunition and Explosives Ordinance 1992 (CKI Ordinance). The Customs (Prohibited Imports) Regulations 1956 (Cth) and Customs Ordinance 1993 (CKI) are sufficient to deal with the importation of firearms and other weapons to the Cocos (Keeling) Islands.
Human rights implications
This Legislative Instrument does not engage any of the applicable rights or freedoms.
Conclusion
This Legislative Instrument is compatible with human rights as it does not raise any human rights issues.
The Hon Kristy McBain MP
Minister for Regional Development, Local Government and Territories