Proposed Commonwealth Bill to Increase Penalties for Firearms Offences

Tuesday 31 October 2017 @ 10.33 a.m. | Crime | Legal Research

On 25 October 2017, the Criminal Code Amendment (Firearms Trafficking) Bill 2017 (Cth) (the Bill) passed the Commonwealth Parliament’s House of Representatives with amendments.  The Bill was initially introduced into the House of Representatives on 2 December 2015, by the Hon Michael Keenan MP, and has had a lengthy passage through the Parliament.

The Bill proposes to make miscellaneous amendments to the Criminal Code Act 1995 (Cth) (the Act).

Background

The proposed amendments will provide for a mandatory minimum sentence and increased penalties for those found guilty of illegal trafficking in firearms. The offences will ensure that firearms traffickers can be held responsible for the consequences of supplying firearms into the illicit market from both domestic and international sources.

Reason for the Changes

Media Release [dated 2 December 2015], states that the reason for introducing such penalties is to reflect the Australian Government’s views on gun crime, by cracking down on illicit firearms trafficking as well as to reflect the serious nature and potential consequences of supplying firearms and firearm parts to the illicit market.

The Bill’s Amended Explanatory Memorandum (the AEM) [see pg 3, para 5] indicates that penalties for the new offences will “… ensure that firearms traffickers can be held responsible for the consequences of supplying firearms into the illicit market from both domestic and international sources. The offences also support efforts to prevent the diversion of firearms into illicit markets overseas.”

Outline of the Penalties

The AEM [see pg 3, para 2], also outlines penalties for the new offences:

  • trafficking 50 or more firearms or firearms parts within a six month period within Australia (Div 360 of the Act); and
  • trafficking 50 or more firearms or firearms parts within a six month period into or out of Australia (Div 361 of the Act).

A maximum penalty of life imprisonment, or a fine of 7,500 penalty units, or both, will apply to those offences.

The Bill also increases the maximum penalty for the base offences of trafficking fewer than 50 firearms or firearm parts from 20 years’ imprisonment to 30 years’ imprisonment.

Treatment of Minors under the Legislation

The Legal and Constitutional Affairs Legislation Committee Report (the Report) [November 2016] makes allowances for the treatment of minors and those with a cognitive impairment [see pg 3, para 1.12]:

“… The bill provides that the mandatory minimum penalty does not apply if it can be established, 'on the balance of probabilities, that the person was aged under 18 years when the offence was committed', which allows for judicial discretion in sentencing minors …”

Penalties for offenders with a cognitive impairment is outlined at pg 3, para 1.13 of the Report:

“… The mandatory minimum penalty will also not apply for individuals with a significant cognitive impairment …”

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Sources:

Criminal Code Amendment (Firearms Trafficking) Bill 2017 (Cth) - Bill and supporting information available from TimeBase's LawOne Service.

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