National Firearms Program Implementation Act 1996
No. 34 of 1996
An Act to provide for financial assistance and other expenditure in connection with the implementation of the national firearms program
Contents
1 Short title
2 Commencement
3 Interpretation
4 Financial assistance for qualifying compensation paid by a State
5 Other financial assistance and payments
6 Nature of payments to States under this Act
7 Appropriation
National Firearms Program Implementation Act 1996
No. 34 of 1996
An Act to provide for financial assistance and other expenditure in connection with the implementation of the national firearms program
[Assented to 4 September 1996]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the National Firearms Program Implementation Act 1996.
2 Commencement
This Act commences on the day on which it receives the Royal Assent.
3 Interpretation
In this Act:
amnesty period, in relation to a State, means:
(a) the period starting at the beginning of 10 May 1996 and ending at midnight on 30 September 1997; or
(b) a shorter period determined in writing by the Attorney‑General, on the recommendation of the Minister of that State who is responsible for police matters.
national firearms program means the program of measures agreed to by the Australasian Police Ministers’ Council at its meetings on 10 May 1996 and 17 July 1996.
qualifying compensation means compensation paid by a State, to the extent to which the compensation meets the following conditions:
(a) the compensation is paid under a compensation scheme:
(i) set up by the State to implement the national firearms program; and
(ii) approved by the Attorney‑General in writing for the purposes of this Act.
(b) the compensation is paid:
(i) for property surrendered by a person during the amnesty period; or
(ii) to meet a claim for compensation for loss of business lodged by a person during the amnesty period;
(c) the compensation relates to self-loading rifles, self-loading shotguns or pump-action shotguns.
State includes the Australian Capital Territory and the Northern Territory.
4 Financial assistance for qualifying compensation paid by a State
(1) The Attorney-General may authorise the payment to a State of amounts by way of reimbursement for qualifying compensation paid by the State.
(2) The Attorney-General may authorise the payment to a State of advances on account of amounts that are expected to become payable to the State under subsection (1).
(3) If the total amount paid to a State under this section is more than the total amount of qualifying compensation paid by the State, then the State must repay the excess to the Commonwealth.
(4) An amount payable by a State to the Commonwealth under subsection (3) is recoverable by the Commonwealth as a debt in a court of competent jurisdiction.
5 Other financial assistance and payments
(1) In addition to payments under section 4, the Attorney-General may authorise:
(a) the payment to a State of other amounts in connection with the implementation of the national firearms program; and
(b) other payments by the Commonwealth in connection with the implementation of the national firearms program.
(2) The total amount that may be authorised by the Attorney-General under this section cannot be more than a limit notified by the Attorney—General in the Gazette. The Attorney-General must notify the limit before authorising any payment under this section.
(3) A notice under subsection (2) cannot be amended or revoked.
6 Nature of payments to States under this Act
Payments to a State under this Act are by way of financial assistance to the State.
7 Appropriation
The Consolidated Revenue Fund is appropriated for payments under this Act.
Overview
The National Firearms Program Implementation Act 1996 was enacted to provide financial support and other necessary expenditure for the implementation of the national firearms program. This Act was introduced to address the need for coordinated national measures to manage the surrender, compensation, and control of firearms, particularly self-loading rifles, self-loading shotguns, and pump-action shotguns, as agreed upon by the Australasian Police Ministers’ Council. The Parliament of Australia enacted this legislation to facilitate the reimbursement and compensation process for states participating in the national firearms program. The policy objective is to ensure that states have the financial resources necessary to implement the program effectively, thereby supporting the national goal of reducing firearm-related incidents and ensuring public safety.
Scope and Application
The National Firearms Program Implementation Act 1996 provides financial assistance and other expenditure in connection with the implementation of the national firearms program. The Act applies to States and territories within Australia, including the Australian Capital Territory and the Northern Territory. The Attorney-General has the authority to authorise payments to these entities for qualifying compensation, which includes compensation paid under a scheme set up to implement the national firearms program and approved by the Attorney-General, for property surrendered during a specified amnesty period or to meet a claim for loss of business, and relates to specific types of firearms. The Attorney-General may also authorise other payments in connection with the program, subject to a limit that must be notified in the Gazette and cannot be amended or revoked. These payments are considered financial assistance to the States, and the Consolidated Revenue Fund is appropriated for such payments. The Act applies from the date of Royal Assent and includes specific definitions relevant to its implementation.
Key Provisions
The National Firearms Program Implementation Act 1996 (the Act) outlines provisions for financial assistance and expenditure related to the implementation of the national firearms program. Under section 4, the Attorney-General is authorised to reimburse states for qualifying compensation paid by them. This compensation must be paid under a compensation scheme approved by the Attorney-General for the purposes of the Act, and it must be related to self-loading rifles, self-loading shotguns, or pump-action shotguns. The compensation can be for property surrendered during an amnesty period or for loss of business claims made during the same period. The Attorney-General can also authorise advances on account of expected reimbursements and may require states to repay any excess amounts paid to them. Section 5 allows the Attorney-General to authorise additional payments to states or other payments by the Commonwealth related to the program, subject to a notified limit in the Gazette.
The Act imposes several obligations on the parties involved. States must establish compensation schemes that meet the conditions set out in the Act to be eligible for reimbursement. The Attorney-General is responsible for approving these schemes and determining the qualifying compensation. The Commonwealth, through the Attorney-General, must ensure that payments are made within the authorised limits and that any excess amounts are recovered as debts. Additionally, states must repay any overpayments to the Commonwealth as stipulated in section 4(3).
Breaches of the Act can result in civil and criminal consequences. While specific offences are not detailed in the provided text, it is implied that failure to comply with the Act’s requirements, such as not repaying overpaid amounts, could lead to legal action. The Act does not specify maximum penalties for breaches, but it does state that any amount payable by a state to the Commonwealth under section 4(3) is recoverable as a debt in a court of competent jurisdiction. This suggests that non-compliance could result in legal proceedings to recover the debt, although the exact penalties would be determined by the courts.