MS TIERNEY (Western Victoria—Minister for Training and Skills, Minister for Higher Education) (22:07): I thank members for their contributions tonight in what is an important debate and for highlighting the importance of firearm safety as well as the benefits of other reforms that the government is wanting to introduce. Members have spoken about the importance of a well-regulated licensing system for lawful use of firearms. We have all agreed on a good and robust system that recognises the responsibilities and the obligations of firearm ownership, a system that provides for sport and recreational shooting as well as the important role of firearms in farming and legal hunting and that protects community safety.
Improving this system is exactly what we believe this bill does. It requires target hardening for storage of category A and B firearms, making them harder to steal. It strengthens obligations when firearms are sent and are received through the post. It also streamlines the licensing scheme to benefit handgun clubs and introduces a grandfathering clause that I understand most in the chamber do support.
We also have a number of minor amendments to the firearm prohibition orders, which I know are of interest to many and we believe will improve the operation of the scheme without diminishing any of the appeal and oversight requirements. Importantly, these amendments were the subject of consultation with the Victorian Firearms Consultative Committee, which is comprised of representatives of firearm users and dealers, technical experts, law enforcement and academia.
There are a range of other important reforms in this bill, which again I know are important to many in this place. They go to legal certainty for PSOs using OC spray, extending the digitally recorded evidence-in-chief trial, enabling audiovisual links in the justice system, updating the Sex Offenders Registration Act 2004 and delivering on commitments negotiated between Victoria Police and the Police Association Victoria regarding the PSOs and their career structure.
I will briefly turn to some of the specific issues that have been raised by members this evening. In relation to firearm issues and starting with storage, there has been some discussion that the storage amendment rules out higher quality storage arrangements already being used. It is important to point out that these changes prescribe minimum standards; they do not prevent higher quality standards if the firearm user so decides. Victoria Police has also confirmed that it has been a longstanding practice to accept storage receptacles made of a higher quality material and that they will continue to do so. There has also been discussion about the government paying for upgrading storage requirements for category A and category B firearms users. This bill does not provide for funding for individuals. It does give time for firearms users to upgrade their storage.
It is also important to note that the benefits of the upgraded storage are massive in terms of the firearms user but also for the broader community, because firearms theft is a growing problem for law enforcement and represents a community safety risk as firearms become part of the black market and fall into the hands of organised crime. Category A and B firearms are currently the most prevalent firearms stolen in Victoria. A significant risk factor in firearms theft is firearms being stored in receptacles that can be forced open and have their contents removed. Obviously criminal elements are currently defeating existing storage requirements for category A and B firearms. These responsible changes are supported by both Victoria Police and the government’s advisory body on firearms.
Briefly going to the issue of hiring and loaning by licensed firearms dealers, there have been some points made about the changes to loaning and hiring of firearms, with some members saying indefinite loans should be allowed. However, Victoria Police and the government believe that there should be some oversight. Currently firearms licence-holders are effectively acquiring the firearms without having the firearms registered against their licence, as is required when a firearm is purchased through the permit to acquire process. Victoria Police has identified instances where firearms have been loaned for extended periods and the dealer is no longer able to confirm the movement of the firearms. When Victoria Police contacted licence-holders to determine a firearm’s whereabouts, licence-holders have denied ever possessing it in some cases and state that they believe they have completed a purchase or claim to have returned the firearm.
Some examples that police have identified: a licensed firearms dealer loaning 53 firearms and these not being recorded on the online dealer system; firearms being loaned to licence-holders, but when the police made inquiries with the users they indicated that they had purchased them, but no permit to acquire process had been followed. These are not ideal situations, and I do not think anyone in the house wants firearms in the community that cannot be identified or that have been acquired without the proper process, not to mention just plainly not knowing where they are, and that is why we are bringing about these changes.
The bill limits the hire or loan of firearms for a period greater than 30 days to improve oversight of agreements and to prevent hired or loaned firearms from being effectively acquired. On or before the expiry of the 30-day hire or loan of a firearm, firearms licence-holders will have the opportunity to apply to the licensed firearms dealer to renew the hire or loan agreement for an additional 30-day period. Following the expiry of the hire or loan agreement a licensee can enter into a new agreement with the licensed firearms dealer, if they need to.
We have heard some claims about too much bureaucracy or about making life too hard, but this is really about community safety. I can also confirm that Victoria Police will adopt a practical approach to this change, supporting an extension or a new agreement after 60 days—that is the renewal—to occur in writing or via email between the user and the licensed firearm dealer, with the dealer maintaining a record of the firearm and its location. I think that that can put to bed a number of claims that have been made by some today.
There is also the issue of mailing requirements, and I know that that also is a point that Mr Bourman has included in his proposed amendments. We will also in committee on Thursday deal with firearm prohibition orders (FPOs), the delegation issue and of course the issue of defining ‘behaviour’ in the legislation that has been raised by some members today.
In respect to the Shooters and Fishers amendments that have been moved this afternoon, the member often provides very useful insights and contributions to this house. We have assessed these amendments, and we thank him for flagging them a little bit earlier. We have sought the advice of Victoria Police on a number of things that he is proposing, and on the basis of this advice we will not be accepting the amendments put by Mr Bourman. His amendments seek to exempt gel blasters, airsoft and T-shirt cannons, omit changes to the hire and loaning of firearms, omit changes to the sending of firearms and firearm parts by post, remove the change of FPO delegation and omit the storage amendment. I will deal with each in turn, but before I do so I think it is worth pointing out that our bill has been subject to extensive consultation and development. The amendments put by Mr Bourman simply have not. There is an argument that some of these matters on a procedural note appear to be out of scope, but I will still try to deal with the substance of them, Mr Bourman.
In respect of the exempting of gel blasters and airsoft and T-shirt cannons, this is not supported by the government on the grounds that these devices are imitation firearms, on the grounds of jurisdictional consistency and on public safety grounds. In respect to gel blasters, Victoria Police reviewed the status of gel blasters that discharge water gel balls and are manufactured to resemble real firearms and has confirmed that they are on the whole imitation firearms under the Control of Weapons Act 1990. Victoria Police have frequently been called to instances where a gel blaster is mistaken for a real firearm. This requires a police response proportionate to a person carrying a real firearm, involving large numbers of attending police officers. Police must treat the incident as serious and act according to police protocols, increasing the chance of a potentially fatal injury, causing public harm and placing a strain on police resources.
The manufacture of gel blasters is continually evolving to make them look more realistic as imitations of genuine and often militaristic-style firearms. Even recreational activities involving gel blasters still carry unacceptable risk. From public inquiries Victoria Police know that most people seeking authorisation to use gel blasters do so to participate in recreational tactical skirmish activities using gel blasters that look like real firearms. There are no regulated skirmish venues for gel blasters, which means the proposed military-style skirmishes could only be carried out in public settings or on private property where they are more likely to be seen and cause public alarm.
In respect to airsoft devices that could be reasonably mistaken for working firearms and discharge a projectile by an action other than the expansion of gases or compressed air or other gas, they are regulated under the Control of Weapons Act 1990 as they are defined as imitation firearms. Victoria Police will not provide permits to acquire airsoft rifles. This is because Victoria Police considers that there is no genuine reason for someone to carry, use or possess an airsoft firearm. There are no approved competitions in which an airsoft firearm would be used, and they cannot be used for hunting or vermin control. Furthermore, the Victorian government is not considering changing the regulation of airsoft and similar equipment in Victoria at this time as most of these devices are exact copies of current military firearms and function as fully automatic or semiautomatic firearms and some can fire plastic ball bearings which can break the skin and cause pain on contact. This is completely consistent with the position of other jurisdictions in Australia.
In respect to the T-shirt cannon, Victoria Police advise that a T-shirt cannon is a category E longarm pursuant to the definition of clause 3(1)(da) of the Firearms Act 1996, which defines a category E longarm as, quote, ‘a cannon which is not a black powder ball firing cannon’. Those who need access to T-shirt cannons have the opportunity to apply for a category E licence and demonstrate genuine need. In practice the licensee would also need to acquire a separate permit to use a firearm—a T-shirt cannon—in a public place. Victoria Police has issued category E licences for genuine event companies. Even if the amendment were passed, commonwealth regulation would continue to limit the ability to import T-shirt cannons, so there is no point to this and the government will not support it.
In relation to the hiring and loaning of firearms, I think I have covered off on that in my earlier comments. I look forward to the committee of the whole. (Time expired)
House divided on motion:
| Ayes, 31 | ||
| Atkinson, Mr | Kieu, Dr | Ratnam, Dr |
| Bach, Dr | Leane, Mr | Rich-Phillips, Mr |
| Barton, Mr | Lovell, Ms | Shing, Ms |
| Bath, Ms | Maxwell, Ms | Stitt, Ms |
| Crozier, Ms | McArthur, Mrs | Symes, Ms |
| Davis, Mr | Meddick, Mr | Taylor, Ms |
| Elasmar, Mr | Melhem, Mr | Terpstra, Ms |
| Erdogan, Mr | Ondarchie, Mr | Tierney, Ms |
| Finn, Mr | Patten, Ms | Vaghela, Ms |
| Grimley, Mr | Pulford, Ms | Watt, Ms |
| Hayes, Mr | ||
| Noes, 4 | ||
| Bourman, Mr | Limbrick, Mr | Quilty, Mr |
| Cumming, Dr | ||
| Ayes, 31 | ||
| Atkinson, Mr | Kieu, Dr | Ratnam, Dr |
| Bach, Dr | Leane, Mr | Rich-Phillips, Mr |
| Barton, Mr | Lovell, Ms | Shing, Ms |
| Bath, Ms | Maxwell, Ms | Stitt, Ms |
| Crozier, Ms | McArthur, Mrs | Symes, Ms |
| Davis, Mr | Meddick, Mr | Taylor, Ms |
| Elasmar, Mr | Melhem, Mr | Terpstra, Ms |
| Erdogan, Mr | Ondarchie, Mr | Tierney, Ms |
| Finn, Mr | Patten, Ms | Vaghela, Ms |
| Grimley, Mr | Pulford, Ms | Watt, Ms |
| Hayes, Mr | ||
| Noes, 4 | ||
| Bourman, Mr | Limbrick, Mr | Quilty, Mr |
| Cumming, Dr | ||
| Ayes, 31 | ||
| Atkinson, Mr | Kieu, Dr | Ratnam, Dr |
| Bach, Dr | Leane, Mr | Rich-Phillips, Mr |
| Barton, Mr | Lovell, Ms | Shing, Ms |
| Bath, Ms | Maxwell, Ms | Stitt, Ms |
| Crozier, Ms | McArthur, Mrs | Symes, Ms |
| Davis, Mr | Meddick, Mr | Taylor, Ms |
| Elasmar, Mr | Melhem, Mr | Terpstra, Ms |
| Erdogan, Mr | Ondarchie, Mr | Tierney, Ms |
| Finn, Mr | Patten, Ms | Vaghela, Ms |
| Grimley, Mr | Pulford, Ms | Watt, Ms |
| Hayes, Mr | ||
| Noes, 4 | ||
| Bourman, Mr | Limbrick, Mr | Quilty, Mr |
| Cumming, Dr | ||
