National Firearms Program Implementation Act 1998

Administered by Attorney-General's Department

Legislation au C2004A00336 Not in force Act

Legislation content

 

 

 

 

National Firearms Program Implementation Act 1998

 

No. 81, 1998

 

 

 

 

 

 

 

 

 

 

 

National Firearms Program Implementation Act 1998

 

No. 81, 1998

 

 

 

 

An Act to provide for financial assistance in connection with the implementation of the national firearms program, and for related purposes

 

 

 

Contents

1 Short title..................................1

2 Commencement..............................2

3 Definitions.................................2

4 Amnesty period...............................3

5 Payments in respect of qualifying compensation...........3

6 Other financial assistance and payments................3

7 Appropriation................................4

 

National Firearms Program Implementation Act 1998

No. 81, 1998

 

 

 

An Act to provide for financial assistance in connection with the implementation of the national firearms program, and for related purposes

[Assented to 2 July 1998]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the National Firearms Program Implementation Act 1998.

2  Commencement

  This Act commences on the day on which it receives the Royal Assent.

3  Definitions

  In this Act:

amnesty period, in relation to a Territory, means the period notified by the Attorney‑General under section 4 in relation to that Territory.

national firearms program means the program of measures agreed to by the Australasian Police Ministers’ Council at its meetings on 10 May 1996, 17 July 1996, 15 November 1996 and 16 July 1997.

qualifying compensation, in relation to a Territory, means compensation, to the extent that it meets the following conditions:

 (a) the compensation is paid under a compensation scheme 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:

 (i) self‑loading rifles, self‑loading shotguns or pump‑action shotguns; or

 (ii) firearms or other weapons certified by the Attorney‑General (whether before or after the compensation is paid) to be firearms or other weapons whose surrender is consistent with the spirit of the national firearms program.

Territory means Norfolk Island, the Territory of Christmas Island or the Territory of Cocos (Keeling) Islands.

4  Amnesty period

 (1) The Attorney‑General may, by notice in the Gazette, notify a period as the amnesty period in relation to a Territory for the purposes of this Act.

 (2) A notice under subsection (1) cannot be amended or revoked.

5  Payments in respect of qualifying compensation

 (1) The Attorney‑General may authorise:

 (a) payments of qualifying compensation in relation to a Territory; or

 (b) payments to a Territory by way of reimbursement for qualifying compensation paid by the Territory.

 (2) The Attorney‑General may authorise the payment to a Territory of advances on account of amounts that are expected to become payable to the Territory under paragraph (1)(b).

 (3) If the total amount paid to a Territory under this section is more than the total amount of qualifying compensation paid by the Territory, then the Territory must repay the excess to the Commonwealth.

 (4) An amount payable by a Territory to the Commonwealth under subsection (3) is recoverable by the Commonwealth as a debt in a court of competent jurisdiction.

6  Other financial assistance and payments

 (1) In addition to payments under section 5, the Attorney‑General may authorise:

 (a) the payment to a Territory 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 of the amounts that may be authorised under this section and section 5 of the National Firearms Program Implementation Act 1996 cannot be more than the limit notified under subsection 5(2) of that Act.

7  Appropriation

  The Consolidated Revenue Fund is appropriated for payments under this Act.

 

 

[Minister's second reading speech made in—

House of Representatives on 27 May 1998

Senate on 22 June 1998]

 

 

(83/98)


 

 

 

Overview

The National Firearms Program Implementation Act 1998 was enacted to provide financial assistance in connection with the implementation of the national firearms program across certain territories, specifically Norfolk Island, the Territory of Christmas Island, and the Territory of Cocos (Keeling) Islands. This Act was introduced by the Parliament of Australia to address the need for funding mechanisms to facilitate the surrender and compensation of firearms in alignment with the objectives of the national firearms program agreed upon by the Australasian Police Ministers’ Council. The policy objective of the Act is to ensure the effective implementation of the national firearms program by providing necessary financial support and compensation for firearms surrendered during a specified amnesty period. This assistance includes payments for qualifying compensation related to surrendered firearms and other financial support needed for the program's successful execution.

Scope and Application

The National Firearms Program Implementation Act 1998 applies to Norfolk Island, the Territory of Christmas Island, and the Territory of Cocos (Keeling) Islands. It is designed to provide financial assistance in connection with the implementation of the national firearms program. This legislation applies to compensation for property surrendered or claims for loss of business during an amnesty period, which the Attorney-General can notify through a Gazette notice. The Act allows for payments of qualifying compensation, reimbursements, and advances for expected compensation payments. The Attorney-General can also authorise other financial assistance and payments related to the implementation of the national firearms program, subject to a total limit. This Act extends its application through subordinate instruments such as notices in the Gazette and appropriations from the Consolidated Revenue Fund.

Key Provisions

The National Firearms Program Implementation Act 1998 (section 1) establishes the framework for providing financial assistance to implement the national firearms program. Under this Act, the Attorney-General is tasked with various responsibilities, including notifying a period as the amnesty period for a Territory (section 4), authorising payments of qualifying compensation in relation to a Territory (section 5), and authorising other financial assistance and payments related to the implementation of the program (section 6). The Act also includes definitions pertinent to its operation, such as "amnesty period," "national firearms program," and "qualifying compensation" (section 3). The Act imposes specific obligations on the Attorney-General, including the authority to notify the amnesty period for a Territory (section 4(1)), which cannot be amended or revoked (section 4(2)). The Attorney-General is also authorised to make payments of qualifying compensation in relation to a Territory, either directly or as reimbursements for compensation already paid by the Territory (section 5). Additionally, the Attorney-General can authorise advances on account of expected reimbursements and ensure that any overpayments by the Commonwealth are repaid by the Territory (section 5(3)). Beyond qualifying compensation, the Attorney-General may also authorise other financial assistance and payments related to the national firearms program, subject to the appropriation limits (section 6). For breaches of the provisions outlined in the Act, the specific offences, penalties, or consequences are not explicitly stated within the provided text. However, it is noted that any amount payable by a Territory to the Commonwealth under section 5(3) is recoverable as a debt in a court of competent jurisdiction, implying a civil consequence for non-repayment. Given the legislative context, breaches might lead to financial liabilities for the Territory, but the exact penalties or further consequences are not detailed in the excerpt.

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Criminal Law
Finance & Banking Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Appropriation
Offence Provisions
Payments in respect of qualifying compensation

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.