Sue Lines (President) Share this | Link to this | Hansard source

Pursuant to the order agreed to yesterday, the time allotted for debate on this bill has expired. I will now put the question before the chair, and then put the questions on the remaining stages of the bill. The question before the chair relates to the second reading amendment, on sheet 3607, moved by Senator McKenzie. The question is that the amendment be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the second reading amendment circulated by Senator Thorpe.

Senator Thorpe's circulated amendments—

SHEET 3614

At the end of the motion, add ", but the Senate:

(a) supports National Cabinet's agreement of 6 December 2023 to deliver the outstanding reform arising from the 1996 Port Arthur massacre of the establishment of a National Firearms Register;

(b) notes that:

(i) stolen licensed firearms are a primary driver of the illegal firearms market in Australia, with theft of legally owned guns being the single largest source of illegal firearms, averaging approximately 2000 firearms per year, or one every four hours,

(ii) due to inadequate monitoring and inconsistent reporting requirements across States and Territories, significant data gaps remain regarding the sources of illegal firearms, including potential diversion from law enforcement, private security, correctional services and military armouries,

(iii) including firearms held by law enforcement, private security, correctional services and the military in a national firearms monitoring framework, including full life cycle management covering procurement, expenditure, storage, transfer, loss, theft and disposal, would enable consistent data collection, improved tracing and stronger accountability, and

(iv) monitoring and oversight of these firearms should occur through an appropriate mechanism; and

(c) calls on the Government to:

(i) subject the firearms holdings and armouries of law enforcement agencies, security providers, correctional services and the Australian Defence Force to comprehensive, nationally consistent monitoring, oversight and reporting frameworks,

(ii) establish an appropriate oversight mechanism, including incorporation within the National Firearms Register, a dedicated firearms oversight register, or allocating responsibility for national firearms data integrity, analysis and reporting to an independent statutory body such as the Productivity Commission, and

(iii) publish data, updated in real time where practicable and subject to appropriate safeguards, to support transparency, public confidence and evidence-based policy".

Question negatived.

David Shoebridge (NSW, Australian Greens) Share this | Link to this | Hansard source

by leave—President, I record the Greens's support for that second reading rather than calling for a division.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the second reading amendment circulated by Senators David Pocock, Lambie, Payman and Tyrrell. The question is that the amendment on sheet 3611 be agreed to.

Senator David Pocock's, Senator Lambie's, Senator Payman's and Senator Tyrrell's circulated amendment

At the end of the motion, add "but the Senate:

(a) notes that:

(i) this bill includes complex legislative changes that make significant amendments to the import, control, management and possession of firearms, across a variety of legislation,

(ii) independent senators have had the final text of the bill for less than 24 hours,

(iii) the Government only undertook very limited consultation on the exposure draft legislation, only provided three days for public submissions on the bill and a week for parliamentary consideration and public consultation,

(iv) time for parliamentary debate of this bill has been significantly curtailed with many senators not afforded an opportunity to speak on or ask questions about the bill on behalf of their communities,

(v) concerns have been expressed about potential unintended consequences of the bill, a lack of procedural fairness in elements of the bill and uncertainty around definitions such as 'firearms and explosives manufacture material', and

(vi) firearms reform can and should also help address the scourge of domestic violence; and

(b) calls on the Government to ensure that the buyback schemes under this bill occur at a rate of fair market value, include ammunition, and include compensation for impacted businesses".

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments, starting with the amendments circulated by the Nationals. The first question is that subsections 54E(3) and (4) and subsections 54J(4) and (5) in item 24, division 1 of part 5, and part 6 of schedule 2 stand as printed.

National Party of Australia's circulated amendment s

SHEET 3595

(1) Schedule 2, Division 1, page 62 (line 2) to page 64 (line 22), to be opposed.

_____

SHEET 3597

(2) Schedule 2, Part 6, page 78 (line 1) to page 79 (line 21), to be opposed.

_____

SHEET 3602

(2) Schedule 2, item 24, page 24 (lines 21 to 32), subsections 54E(3) and (4) to be opposed.

(5) Schedule 2, item 24, page 28 (lines 17 to 28), subsections 54J(4) and (5) to be opposed.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the remaining amendments on sheets 3597 and sheet 3602 and the amendments on sheets 3593, 3594, 3601 and 3603 be agreed to.

National Party of Australia's circulated amendments—

SHEET 3597

(1) Clause 2, page 2 (table item 3), omit "Parts 1 to 6", substitute "Parts 1 to 5".

_____

SHEET 3602

(1) Schedule 2, item 24, page 23 (line 34), omit "subsections (3) to (5) (about exceptions to subsection (1))", substitute "subsection (5) (about an exception to subsection (1))".

(3) Schedule 2, item 24, page 28 (line 7), omit "Note 1", substitute "Note".

(4) Schedule 2, item 24, page 28 (line 10), omit note 2.

_____

SHEET 3593

(1) Schedule 2, item 3, page 8 (lines 6 and 7), after "to the extent that", insert "subitem (3) applies to the compensation and".

(2) Schedule 2, item 3, page 8 (after line 10), after paragraph (1)(a), insert:

(aa) providing for the payment of compensation that:

(i) is at a fair market value for all property surrendered by a person in accordance with the scheme, including for firearms, firearm parts, firearm accessories, ammunition, ammunition components and other equipment; and

(ii) covers administrative costs associated with the surrender of that property, including warehousing and distribution costs; and

(iii) extends to meeting claims made by an entity during the buyback period for the State for loss of business and hardship, including loss associated with the operation of a business becoming untenable or unviable as a result of this Act or the national firearms program; and

(3) Schedule 2, item 3, page 8 (after line 14), at the end of the item, add:

(3) This subitem applies to compensation paid by a State only to the extent that the compensation is paid consistently with a scheme of the State covered by paragraphs (1)(a) to (b).

_____

SHEET 3594

(1) Schedule 2, item 3, page 8 (after line 14), at the end of the item, add:

Participation notices

(4) Despite subitem (2), the AFP Minister may only approve a compensation scheme set up by a State if the State has given the AFP Minister, before the end of 28 February 2026, written notice (a participation notice) of the State's commitment to participate in the national firearms program.

(5) The participation notice must:

(a) be in a form approved by the AFP Minister and be accompanied by any information required by the form; and

(b) set out details of:

(i) the kinds of firearms and other property to be surrendered under the scheme or prohibited by the State in accordance with the national firearms program; and

(ii) the State's measure for reducing the number of firearms in the community, including any restrictions on the number of firearms that may be owned by individuals.

(6) The AFP Minister must make the participation notice publicly available by publishing the notice, before the end of 2 March 2026, on the Australian Federal Police website and in the Gazette.

(7) The AFP Minister may approve a form for the purposes of paragraph (5)(a).

_____

SHEET 3601

(1) Schedule 2, item 212, page 83 (after line 31), after subsection 474.45J(1), insert:

Licenced owners

(1A) Subsection 474.45G(1) or 474.45H(1) does not apply to conduct engaged in by a person in relation to material if:

(a) the person holds a firearms licence that is in force under a law of a State or Territory; and

(b) the material is:

(i) information on reloading ammunition; or

(ii) a firearms manual for a firearm the person lawfully owns; and

(c) the conduct is in connection with the person accessing the material.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3)).

_____

SHEET 3603

(1) Schedule 2, Division 4 of Part 5, page 68 (after line 26), at the end of the Division, add:

171A Operation of amendments

(1) This item is for the avoidance of doubt.

(2) The amendments of the Customs (Prohibited Imports) Regulations 1956 made by this Division do not have the effect of prohibiting without exception the importation of category H articles.

Note: For example, in the case of an article covered by item 9 of the table in Part 2 of Schedule 6 to those Regulations, the article may be imported if the importation complies with the sports shooter test, the international sports shooter test, or any one other test mentioned in column 3 of that item.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

by leave—President, I just want to note my opposition to 3594, 3597 and 3602.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the amendments circulated by Senator Thorpe. The question is that the amendments on sheet 3592 and 3606 be agreed to.

Senator Thorpe's circulated amendments—

SHEET 3592

(1) Schedule 2, page 77 (after line 10), after Division 8, insert:

Division 8A — Jacketed hollow point ammunition

Customs (Prohibited Imports) Regulations 1956

202A After regulation 4F

Insert:

4FA Importation of jacketed hollow point ammunition

(1) The importation of jacketed hollow point ammunition is prohibited unless the importation passes the specified person test set out in item 2 of Part 1 of Schedule 6.

(2) To avoid doubt, this regulation applies despite regulation 4F.

(3) In this regulation:

jacketed hollow point ammunition means ammunition that is or involves a bullet that expands or flatten easily in the human body, including a bullet with a hard envelope that does not entirely cover the core or is pierced with incisions.

_____

SHEET 3606

(1) Schedule 1, page 4 (after line 7), after item 4, insert:

4A After subregulation 4F(3A)

Insert:

(3B) The Minister must, as soon as practicable after the end of each quarter, cause to be prepared a written report on the importation by a law enforcement agency during the quarter of a firearm, a firearm accessory, a firearm part, a firearm magazine, ammunition, a component of ammunition or an imitation of an article to which an item in Part 2 of Schedule 6 applies.

(3C) A report under subregulation (3B) must include the following in relation to each article imported:

(a) the name and type of the article;

(b) the name of the law enforcement agency that imported the article;

(c) the date on which the article was imported.

(3D) The Minister must table a copy of a report under subregulation (3B) in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

4B Subregulation 4F(4)

Insert:

law enforcement agency means:

(a) the Australian Federal Police; or

(b) the Police Force of a State or Territory.

quarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.

Question negatived.

I will now deal with the amendments circulated by Senators David Pocock, Lambie, Payman, Thorpe and Tyrrell. The question is that the amendments on sheet 3609 be agreed to.

Senator David Pocock 's , Senator Lambie 's , Senator Payman 's , Senator Thorpe 's and Senator Tyrrell 's circulated amendments—

(1) Clause 2, page 2 (table item 1), omit "Sections 1 to 3", substitute "Sections 1 to 4".

(2) Page 2 (after line 19), after clause 3, insert:

4 Review of operation of Act

(1) The Minister must cause an independent review to be conducted of the operation of the amendments made by this Act.

(2) Without limiting the matters that may be considered when conducting the review, the review must consider the operation and appropriateness of the mandatory minimum sentences in table items 1AA, 1A and 1B in the table in section 16AAA of the Crimes Act 1914 for offences against the following provisions in the Criminal Code Act 1995:

(a) subsection 80.2BE(1) or (2) (advocating force or violence through causing damage to property);

(b) subsection 80.2H(1) (public display of prohibited Nazi symbols or giving Nazi salute);

(c) subsection 80.2HA(1) (public display of prohibited terrorist organisation symbols).

Consultation requirement

(3) The review must provide for public consultation, including providing for public submissions over a period of at least 2 calendar months.

Expert panel conducting the review

(4) The review must be conducted by an expert panel comprised of 3 members appointed by the Minister.

(5) The Minister must ensure that the members of the expert panel collectively possess experience or knowledge in all of the following fields:

(a) firearms regulation and law enforcement practice;

(b) policing;

(c) criminology;

(d) national security;

(e) intelligence;

(f) agriculture;

(g) invasive species management;

(h) cybersecurity;

(i) administrative law.

(6) A member of the expert panel must not be any of the following:

(a) a person engaged under the Public Service Act 1999;

(b) a serving member of the Australian Defence Force, the Australia Federal Police or an Australian intelligence agency;

(c) a current or former member of the Parliament, or a current or former member of a Parliament of State or Territory;

(d) any other person who has a material conflict of interest in relation to this Act.

Timing of review

(7) The review must commence no later than 2 years after the day this section commences.

(8) The expert panel must complete the review before the end of the period of 12 months beginning on the day the review commences.

Minister to be given report of review

(9) The expert panel must give the Minister a written report of the review as soon as practicable after the review is completed.

Minister to table report of review

(10) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 10 sitting days of that House after the Minister receives the report.

Government response to recommendations

(11) If the report sets out one or more recommendations to the Commonwealth Government:

(a) as soon as practicable after receiving the report, the Minister must cause a statement setting out the Commonwealth Government's response to each of the recommendations to be prepared; and

(b) within 6 months after the day the report is first tabled in a House of the Parliament, the Minister must table a copy of the statement in each House of the Parliament.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the amendment to the motion that the report from the committee be adopted be agreed to.

S enator David Pocock 's , Senator Lambie 's , Senator Payman 's , Senator T horpe 's and Senator Tyrrell 's circulated amendment—

At the end of the motion, add "and the provisions of the bill be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 2 March 2026".

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the remaining stages of the bill be agreed to and the bill be now passed.