New Criminal Code Amendment (Firearms Trafficking) Bill 2016 [CTH] Reintroduced

Tuesday 20 September 2016 @ 1.25 p.m. | Crime | Legal Research

The Federal Government, on 15 September 2016, reintroduced the Criminal Code Amendment (Firearms Trafficking) Bill 2016 (CTH) (the Bill). The Bill was left in the Senate at Second Reading stage after the dissolution of Parliament on 9 May 2016.

Background to the Bill

As stated in our previous TimeBase article the Bill sets out to amend the Criminal Code 1995 (Cth) not only to ensure those found guilty of trafficking illegal firearms receive a five-year minimum mandatory sentence, but that they can go to jail for up to twenty years.

The Bill introduces a minimum sentence of five years to all traffickers of illegal firearms or firearm parts. The Bill targets all those who are involved in the illicit trade of firearms and not just those involved in the trade of large number of firearms or parts.

The Minister Assisting the Prime Minister for Counter Terrorism, The Hon Michael Keenan MP, stated in his media release from 15 September 2016:

"these measures demonstrate the Coalition Government’s commitment to reducing the number of illicit firearms in the community. Tough sentences for illegal firearm trafficking sends a strong message that gun-related crime and violence is a serious threat to the safety of all Australians, and we will continue to do everything we can to equip our law enforcement agencies with the powers and resources they need to keep our communities safe."

National Gun Amnesty Also Announced

Along with legislation tightening penalties for firearms trafficking and other related offences, the Federal Government has also announced plans for a national gun amnesty, following an unusually high incidence of firearm related crime.

State and Federal ministers and attorneys-general requested an amnesty be considered by senior officials in the National Justice and Policing Senior Officials Group last year. These officials gave unanimous in-principle support for an amnesty last month.

According to the Age, the 1996 gun amnesty scheme led to the voluntary surrender of more than 700,000 firearms, however, more than a million new weapons have been legally imported since.

Also according to the Age, gun-control advocates have warned that any amnesty or new regulations must come with a broad national conversation about why they are being undertaken in order to ensure public support.

The timing of the amnesty, whereby guns can be handed in to authorities with out fear of prosecution, is set to be decided before the end of the year.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

Sources:

Criminal Code Amendment (Firearms Trafficking) Bill 2016 [CTH] and Secondary materials, as reproduced in TimeBase LawOne

Minister Assisting the Prime Minister for Counter Terrorism - Media Release - 15 September 2016

The Age Article

9News Article

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