National Handgun Buyback Regulations 2003
Statutory Rules 2003 No. 344 as amended
made under the
National Handgun Buyback Act 2003
This compilation was prepared on 24 March 2005
taking into account amendments up to SLI 2005 No. 41
The text of any of those amendments not in force
on that date is appended in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General’s Department, Canberra
Contents
1 Name of Regulations [see Note 1]
2 Commencement [see Note 1]
3 Definition
4 Buyback period — later times
Notes
1 Name of Regulations [see Note 1]
These Regulations are the National Handgun Buyback Regulations 2003.
2 Commencement [see Note 1]
These Regulations commence on gazettal.
3 Definition
In these Regulations:
Act means the National Handgun Buyback Act 2003.
4 Buyback period — later times
For paragraph (b) of the definition of buyback period in section 3 of the Act, the later time mentioned in an item in the following table is prescribed in relation to the State mentioned in that item.
Item | State | Later time |
1 | New South Wales | the end of 30 June 2004 |
2 | Victoria | the end of 31 March 2004 |
3 | Queensland | the end of 30 June 2004 |
4 | Western Australia | the end of 30 June 2004 |
5 | South Australia | the end of 31 March 2004 |
6 | Tasmania | the end of 31 January 2004 |
7 | Northern Territory | the end of 31 January 2004 |
8 | Australian Capital Territory | the end of 27 February 2004 |
Notes to the National Handgun Buyback Regulations 2003
Note 1
The National Handgun Buyback Regulations 2003 (in force under the National Handgun Buyback Act 2003) as shown in this compilation comprise Statutory Rules 2003 No. 344 amended as indicated in the Tables below.
Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments. From 1 January 2005 the Statutory Rules series ceased to exist and was replaced with Select Legislative Instruments (SLI series). Numbering conventions remain the same, ie Year and Number.
Table of Instruments
Year and
number | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
2003 No. 344 | 23 Dec 2003 | 23 Dec 2003 | |
2004 No. 33 | 18 Mar 2004 | Rr. 1–3 and Schedule 1: 30 Dec 2003
Remainder: 18 Mar 2004 | — |
2005 No. 41 | 24 Mar 2005 (see F2005L00716) | 30 Mar 2004 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 4................. | am. 2004 No. 33; 2005 No. 41 |
Overview
The National Handgun Buyback Regulations 2003 (National Handgun Buyback Regulations) were made under the National Handgun Buyback Act 2003 (the Act) to provide further detail on the implementation of the national handgun buyback scheme, which was introduced to address the problem of handgun violence and to remove a large number of handguns from circulation. The Regulations were enacted by the Parliament of Australia and are intended to support the policy objective of the Act to reduce handgun-related violence and improve public safety. The Regulations establish the buyback period and other operational details for the buyback scheme, which was a significant measure in Australia’s efforts to reduce gun-related crime and fatalities.
Scope and Application
The National Handgun Buyback Regulations 2003, made under the National Handgun Buyback Act 2003, establish the framework for the buyback of handguns in Australia. These Regulations apply to all individuals and entities within the Commonwealth of Australia and serve to implement the national policy on the buyback of handguns, targeting the reduction of firearms in the community. The Act applies to any person in possession of a handgun and any entity that facilitates or participates in the buyback process, including government agencies, licensed dealers, and other relevant parties. The Regulations specify different later times for the buyback period in each Australian state and territory, providing a structured timeline for the implementation of the buyback across the nation. While the Act aims to comprehensively cover the handgun buyback process, it does not extend to other types of firearms or related transactions not explicitly covered by the National Handgun Buyback Act 2003. The Regulations may be further extended or restricted through subordinate instruments, allowing for adjustments and clarifications as necessary to ensure effective implementation of the buyback program.
Key Provisions
The National Handgun Buyback Regulations 2003 (Regulations) are a legislative instrument made under the National Handgun Buyback Act 2003. The Regulations, which commence on the date of gazettal, specify later times for the buyback period in relation to different states and territories. This is done through the definition of 'buyback period' in section 3 of the Act (section 3). The states and territories and their respective later times are listed in a table within the Regulations (section 4).
The Regulations impose obligations on individuals and entities to comply with the prescribed buyback period for each state and territory, ensuring that handguns are surrendered within the specified timeframes. These timeframes are critical for the orderly execution of the buyback program as defined by the Act.
Failure to comply with the Regulations may result in legal consequences. The Act itself, which the Regulations are made under, provides for various offences and penalties. However, the specific offences and penalties are not detailed within the Regulations but are instead found within the Act. Therefore, individuals and entities must ensure they adhere to the specified timeframes to avoid any potential legal repercussions. The maximum penalties for breaches of the Act are not specified in the Regulations but would be detailed within the Act, where such provisions are likely to be found.