National Handgun Buyback Act 2003

Administered by Attorney-General's Department

Legislation au C2004A01144 Not in force Act

Legislation content

 

 

 

 

 

 

National Handgun Buyback Act 2003

 

No. 60, 2003

 

 

 

 

 

An Act to provide for financial assistance for qualifying payments made by States and other expenditure in connection with the implementation of the handgun buyback, and for related purposes

 

 

 

Contents

1 Short title

2 Commencement

3 Definitions

4 Financial assistance for qualifying payments by a State

5 Minister may authorise other payments

6 Nature of payments to States under this Act

7 Tabling of agreement

8 Delegation

9 Appropriation

10 Regulations

 

 

 

National Handgun Buyback Act 2003

No. 60, 2003

 

 

 

An Act to provide for financial assistance for qualifying payments made by States and other expenditure in connection with the implementation of the handgun buyback, and for related purposes

[Assented to 30 June 2003]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the National Handgun Buyback Act 2003.

2  Commencement

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

3  Definitions

  In this Act:

buyback period, in relation to a State, means the period starting at the beginning of 1 July 2003 and ending at whichever of the following applies:

 (a) the end of 31 December 2003;

 (b) if a later time is prescribed in relation to the State by regulations for the purposes of this paragraph—that later time.

COAG handgun reforms means the following taken together:

 (a) the consolidated resolutions agreed upon by the Australasian Police Ministers’ Council at the Special Meeting on Firearms (Handguns) on 28 November 2002;

 (b) the measures relating to handgun reforms endorsed by the Council of Australian Governments after that meeting but before the commencement of this Act.

handgun buyback means the compensation scheme agreed upon by the Council of Australian Governments at its meeting of 6 December 2002, including any additions, modifications or variations to that scheme endorsed by the Council of Australian Governments after that meeting but before the commencement of this Act.

qualifying payment means a payment made by a State in accordance with a written agreement between the Commonwealth and the State, being either:

 (a) a payment that:

 (i) is for the purposes of the handgun buyback; and

 (ii) is compensation for handguns, handgun parts or handgun accessories surrendered by a person during the buyback period in relation to the State; or

 (b) a payment made in direct connection with:

 (i) the administration of the handgun buyback; or

 (ii) education or awareness raising strategies relating to the COAG handgun reforms.

State includes the Australian Capital Territory and the Northern Territory.

4  Financial assistance for qualifying payments by a State

 (1) The Minister may authorise the payment to a State of amounts by way of reimbursement for qualifying payments made by the State.

 (2) The Minister may only authorise the payment to a State of an amount under subsection (1) if:

 (a) the State has made a claim for payment of the amount in the form approved by the Minister for the purposes of this paragraph; and

 (b) the claim for payment is made before the end of the period of 12 months beginning immediately after the end of the buyback period in relation to the State; and

 (c) the Minister is satisfied that the payment of the amount is in accordance with a written agreement between the Commonwealth and the State relating to the handgun buyback.

 (3) If the total amount paid to a State under this section is more than the total amount payable to the State under the written agreement mentioned in paragraph (2)(c), 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  Minister may authorise other payments

  In addition to payments under section 4, the Minister may authorise other payments by the Commonwealth relating to the COAG handgun reforms including, but not limited to, payments in connection with the following:

 (a) the administration of the COAG handgun reforms;

 (b) education or awareness raising strategies relating to the COAG handgun reforms.

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  Tabling of agreement

  The Minister must cause a copy of the written agreement between the Commonwealth and States relating to the handgun buyback to be tabled in each House of the Parliament within 15 sitting days of that House after all States have entered into the agreement.

8  Delegation

  The Minister may, by writing, delegate to:

 (a) the Secretary of the Department; or

 (b) an SES employee or acting SES employee in the Department;

all or any of the Minister’s powers under this Act.

9  Appropriation

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

10  Regulations

  The Governor‑General may make regulations prescribing matters:

 (a) required or permitted by this Act to be prescribed; or

 (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

 

 

(59/03)

 

[Minister’s second reading speech made in—

House of Representatives on 15 May 2003

Senate on 16 June 2003]

 

 

Overview

The National Handgun Buyback Act 2003 was enacted by the Parliament of Australia to address the issue of handgun control and safety through a national buyback scheme. The Act provides for financial assistance for payments made by States in connection with the implementation of the handgun buyback and related measures. The objective of the Act is to reimburse the States for their expenses incurred during the buyback period, which runs from 1 July 2003 to 31 December 2003, or another specified time if regulated. The Minister for Justice is authorised to make payments to the States for qualifying payments related to the handgun buyback and COAG handgun reforms. These payments are intended to cover compensation for surrendered handguns and costs associated with the administration of the buyback and related education or awareness strategies. The Act also mandates the tabling of agreements between the Commonwealth and the States in the Parliament and provides for the delegation of the Minister's powers to relevant officials within the Department of Justice.

Scope and Application

The National Handgun Buyback Act 2003 is a Commonwealth statute that provides financial assistance to Australian states and territories for expenses incurred during the implementation of a national handgun buyback scheme. This Act applies to the governments of the States and Territories of Australia, including the Australian Capital Territory and the Northern Territory, and is concerned with the administration and reimbursement of costs related to the handgun buyback initiative. The Act provides for reimbursement to the States for qualifying payments made during the buyback period, which is defined as starting on 1 July 2003 and ending on 31 December 2003, or a later time if prescribed by regulations. The Act does not explicitly state any exclusions or exemptions, but it does note that any overpayment to a State must be repaid to the Commonwealth. The scope of the Act is extended through the power to make regulations under section 10, which can prescribe matters necessary or convenient for carrying out the purposes of the Act. These regulations can include the timing of the buyback period and other administrative details related to the implementation of the handgun buyback.

Key Provisions

The National Handgun Buyback Act 2003, as enacted, provides a framework for financial assistance to States for their participation in a national handgun buyback scheme. Section 4 specifies that the Minister can authorise payments to States to reimburse them for qualifying payments they made, subject to certain conditions. These conditions include that the State must have submitted a claim for payment within 12 months after the buyback period ends, and that the payment must comply with a written agreement between the Commonwealth and the State (subsections 4(2) and 4(3)). If a State receives more than it is owed under the agreement, it must repay the excess to the Commonwealth, which can then recover the amount through a court of law (subsection 4(4)). In addition to reimbursements, the Minister can also authorise other payments related to the handgun reforms, including administrative costs and educational strategies, as outlined in section 5. The Act imposes obligations on both the Commonwealth and the States. The Commonwealth, through the Minister, must ensure that any payments made to States are in accordance with the agreed terms, and that the States must repay any overpayments (section 4(3) and 4(4)). States, on the other hand, are required to submit claims for reimbursement within the stipulated timeframe, and to adhere to the terms of the written agreement with the Commonwealth (section 4(2)). Furthermore, the Minister is mandated to table a copy of the written agreement in both Houses of Parliament within 15 sitting days of all States entering into the agreement (section 7). The Minister also has the authority to delegate their powers under the Act to the Secretary of the Department or other specified officials (section 8). Failure to comply with the Act can lead to various consequences. For instance, if a State fails to repay any excess amounts paid to them, the Commonwealth can recover the debt through a court of law (section 4(4)). Additionally, any misuse of funds or non-compliance with the terms of the written agreement could potentially lead to legal action or other disciplinary measures, although specific penalties are not detailed within the Act itself. The Act also provides for the appropriation of funds from the Consolidated Revenue Fund to cover payments made under the Act (section 9).

Legal classification tags

Area of Law
Administrative Law
Environmental Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Delegation
Financial assistance for qualifying payments by a State
Regulatory Standards
Tabling of agreement

Interactions

Authorises

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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.