Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
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:
This Act may be cited as the National Handgun Buyback Act
2003.
This Act commences on the day on which it receives the Royal
Assent.
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.
(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.
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.
Payments to a State under this Act are by way of financial assistance to
the State.
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.
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.
The Consolidated Revenue Fund is appropriated for payments under this
Act.
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.