Commonwealth Numbered Regulations - Explanatory Statements

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NATIONAL HANDGUN BUYBACK AMENDMENT REGULATIONS 2004 (NO. 1) 2004 NO. 33

Section 10 of the National Handgun Buyback Act 2003 (the Act) provides that the Governor-General may make regulations prescribing matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

The Act enables the Commonwealth to appropriate funds for the purpose of providing financial assistance to the States (defined to include the Australian Capital Territory and the Northern Territory), in connection with the implementation of the handgun buyback. The aim of the handgun buyback is to restrict the availability and use of handguns in Australia.

Section 3 of the Act provides that the 'buyback period' in relation to a State means the period from 1 July 2003 until 31 December 2003, unless a later time for the end of the period is prescribed in relation to the State by regulations.

The National Handgun Buyback Regulations 2003 were made and gazetted in December 2003. They provided for extensions of the national handgun buyback in all Australian jurisdictions except the Australian Capital Territory. The length of the extension of the handgun buyback in each jurisdiction, as prescribed in those Regulations, was determined in accordance with requests from each State and Territory ranging from the end of January 2004 to the end of June 2004.

The effect of the National Handgun Buyback Regulations 2003 is that Commonwealth reimbursement may continue to be available under the Act to those jurisdictions for qualifying payments made until the prescribed end date for each prescribed jurisdiction. 'Qualifying payment' is defined in the Act as being the payment made by a State in accordance with a written agreement between the Commonwealth and the State, being either: a payment for compensation for the surrender of handguns, parts or accessories; or a payment made in direct connection with the administration of the handgun buyback or related education or awareness raising strategies.

The purpose of the Regulations is to amend the National Handgun Buyback Regulations 2003 to accommodate two further requests for extensions of the buyback.

After the gazettal of the National Handgun Buyback Regulations 2003, New South Wales sought a further extension of the buyback from 31 March 2004 until 30 June 2004. In addition, the Australian Capital Territory has also sought its first extension, until 27 February 2004.

The Act specifies no conditions that need to be met before the power to make the Regulations may be exercised.

Details of the amendments are set out in the Attachment.

Regulations 1 to 3 and Schedule 1 commenced on 30 December 2003 and Schedule 2 commences on gazettal.

The retrospective commencement of regulations 1 to 3 and Schedule 1 ensures that the buyback period in the Australian Capital Territory is continuous and extends the period of eligibility for payments from the Commonwealth under the Act. Subsection 48(2) of the Acts Interpretation Act 1901 (the AIA) provides that a provision of a regulation has no effect if it takes effect before the date of notification and results in either the rights of a person (other than the Commonwealth) being affected so as to disadvantage that person, or the imposition of liabilities on a person (other than the Commonwealth) in respect of anything done or omitted before the date of notification. The retrospective effect of regulation 2 and Schedule 1 to the Regulations confers a benefit on the Australian Capital Territory. Therefore, subsection 48(2) of the AIA has no application in respect of the Regulations.

ATTACHMENT

Details of the National Handgun Buyback Amendment Regulations 2004 (No. 1)

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the National Handgun Buyback Amendment Regulations 2004 (No. 1).

Regulation 2 - Commencement

Regulation 2 provides for regulations 1 to 3 and Schedule l to commence on 30 December 2003 and Schedule 2 to commence on gazettal.

Regulation 3 - Amendment of National Handgun Buyback Regulations 2003

Regulation 3 stipulates that Schedule 1 of the Regulations amends the National Handgun Buyback Regulations 2003.

Schedule 1 - Amendments taken to have commenced on 30 December 2003

Item 1 - Regulation 4, table, after item 7

Item 1 inserts the Australian Capital Territory into the table for the extension of the national handgun buyback and adds an end date for the Territory of 27 February 2004.

Schedule 2 - Amendments commencing on gazettal

Item 1 - Regulation 4, table, item 1, column 3

Item 1 replaces 31 March 2004 with 30 June 2004 as the end date of the national handgun buyback in New South Wales.