Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Firearms) Declaration 2025

Overview

The Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Firearms) Declaration 2025 is an instrument enacted under the Mutual Recognition Act 1992 by the Premier of Western Australia. This legislation aims to address the gap in the automatic mutual recognition (AMR) framework by specifically excluding firearm authorities under the Firearms Act 2024 (WA) from the AMR process. The purpose of this exemption is to prevent the automatic recognition of firearm registrations from other states, thereby preserving the integrity of identity and security checks in Western Australia. This ensures that firearms are not sold unverified and unregulated, which could pose significant risks to public safety. The Western Australian Government consulted with the relevant local registration authority and subject matter experts, deeming the consultation process appropriate and practical for the development of this Declaration. The Declaration underscores the importance of maintaining stringent controls over the registration and sale of firearms to protect the public. By excluding firearm authorities from the AMR process, Western Australia seeks to uphold its regulatory standards and prevent potential breaches that could lead to the unmonitored distribution of firearms. This legislative measure highlights the commitment of Western Australia to prioritise public safety and security in the handling of firearms, ensuring that all firearm-related activities are subject to thorough checks and regulatory oversight.

Scope and Application

The Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Firearms) Declaration 2025 is an instrument under the Mutual Recognition Act 1992 of the Commonwealth, designed to prevent the automatic mutual recognition of occupational registrations for firearms in Western Australia. The Declaration applies to any firearm authority issued under the Firearms Act 2024 of Western Australia, excluding such authorities from the automatic mutual recognition process that generally allows individuals to carry on regulated activities in another state or territory under their home state registration. This exemption is intended to maintain the integrity of identity and security checks specific to Western Australia, ensuring that the sale of firearms remains verified and regulated to protect public safety. The exemption is limited to Western Australia and does not affect the operation of AMR in other states or territories, demonstrating a targeted approach to firearms regulation that recognises the specific concerns of Western Australia. The consultation process involved relevant subject matter experts and the local registration authority, affirming the appropriateness and practicality of the exemption as declared by the Premier of Western Australia.

Key Provisions

The Mutual Recognition (Automatic Deemed Registration Exemption — Western Australia) (Firearms) Declaration 2025, under section 42S of the Mutual Recognition Act 1992, specifically exempts firearm authorities under the Firearms Act 2024 (WA) from the operation of Automatic Mutual Recognition (AMR) in Western Australia. This means that individuals who hold a firearm authority in another state will not automatically be recognised as qualified to carry on the activity of dealing with firearms in Western Australia, even if they are recognised in their home state. This exemption is crucial because automatic deemed registration, if applied to these authorities, could bypass essential identity and security checks that are vital for ensuring the safety and security of firearm transactions in Western Australia. Entities or individuals subject to this exemption must comply with the specific registration requirements under the Firearms Act 2024 (WA). This includes ensuring that all critical identity and security checks are performed before any firearm-related activities are carried out. The exemption is designed to maintain a stringent regulatory environment for firearm authorities to prevent the unverified and unregulated sale of firearms, which could potentially put the public at significant risk. The Western Australian Government has also consulted with the local registration authority to ensure that the exemption is both appropriate and practical, reflecting the input of relevant subject matter experts. Failure to comply with the provisions outlined in the Declaration could result in serious consequences. Under the Mutual Recognition Act 1992, unauthorised carrying out of activities covered by a firearm authority could lead to legal actions, including fines and potential imprisonment. The exact penalties are not specified in the explanatory statement, but they could be severe given the critical nature of firearm regulation. Additionally, any breach of the Firearms Act 2024 (WA) would also be subject to penalties as outlined in that Act, which could include substantial fines and imprisonment terms, depending on the severity of the offence. The overarching goal of these provisions is to maintain a safe and secure environment by ensuring that all firearm-related activities in Western Australia are properly regulated and overseen.