National Firearms Program Implementation Act 1997

No. 149, 1997

National Firearms Program Implementation Act 1997

No. 149, 1997

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 Financial assistance for qualifying compensation paid by a State..2

5 Nature of payments to States under this Act..............3

6 Appropriation................................3

National Firearms Program Implementation Act 1997

No. 149, 1997

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

The Parliament of Australia enacts:

[Assented to 17 October 1997]

1  Short title

  This Act may be cited as the National Firearms Program Implementation Act 1997.

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 State, means the amnesty period that applies to the State under the National Firearms Program Implementation Act 1996.

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 for property surrendered by a person during the amnesty period;

 (b) the compensation relates to 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.

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  Nature of payments to States under this Act

  Payments to a State under this Act are by way of financial assistance to the State.

6  Appropriation

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

[Minister’s second reading speech made in—

House of Representatives on 24 September 1997

Senate on 2 October 1997]