First Reading
2002-2003
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Handgun Buyback Bill 2003
No. , 2003
(Justice and Customs)
A Bill for 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
A Bill for 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
The Parliament of Australia enacts:
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.
(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.
(a) the administration of the COAG handgun reforms;
(b) education or awareness raising strategies relating to the COAG handgun reforms.
(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.
(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.