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Arms Amendment Bill (No 3) | |
       
Copyright 1996-2002, Council of Licensed Firearms Owners.
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Arms Amendment Bill (No 3) Government Bill Explanatory Note General policy statement Background The purpose of the Arms Act 1983 "(the principal Act") is "to promote both the safe use and the control of firearms and other weapons". The principal Act is premised on the need to have controls on the ownership of firearms by individuals, and to manage the import of firearms. The principal Act is generally supported by firearms owners and users, and is regarded as effective and fair legislation. Under the principal Act,--- o only people who hold a firearms licence (which continues in force for 10 years) are entitled to possess a firearm, unless they are under the immediate supervision of a licence holder: o a licence is issued by the police only if an applicant is a "fit and proper person" to possess a firearm: o no person may import firearms without a permit issued by the police. This system is supplemented by a process that enables the registration of pistols, "restricted weapons", and military style semi-automatic firearms procured by licence holders (with the police recording details that must be entered on the permit to procure). Although New Zealand has a high rate of firearms ownership, there is a low rate of recorded violent offences involving firearms in comparison with similar countries, and the rate has not varied much over the last few years. In 1996 Sir Thomas Thorp was asked to undertake a review of firearms control in New Zealand. The June 1997 Review of Firearms Control in New Zealand (the "Thorp Report") proposed a number of reforms. An analysis of the report undertaken by the police indicated that many of its recommendations were already part of police practice (albeit not incorporated in legislation). There were others that had significant financial, policy, or legislative implications for Government. In 1998, the previous Government agreed, as part of a firearms control strategy developed in response to the Thorp Report, that legislation was to be introduced. This resulted in the introduction in July 1999 of the Arms Amendment Bill (No 2) "(the 1999 Bill"). The 1999 Bill proposed the registration of firearms, new licensing fees for firearms owners and registration fees for firearms, increased penalties for a number of firearms offences, and the introduction of an infringement notice regime. The process of registration in the bill followed the Canadian model of owners being asked to provide details of firearms they possess (although this strategy had, at the time of the Bill's introduction, not yet been implemented in Canada). Feedback on the 1999 Bill at the select committee stage indicated it was strongly opposed, mainly by groups of firearms owners who were against firearms registration. When it reported back on 22 February 2001, the select committee raised a number of concerns with the Bill (including registration) and was unable to reach a recommendation on whether or not the bill should proceed. The Government does not intend to proceed with the 1999 Bill, and it has been discharged from the Order Paper. This Bill This Bill replaces the 1999 Bill. Some of the amendments effected by this Bill will enable New Zealand to comply with the minimum legislative requirements of the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, their Parts and Components and Ammunition "(the Firearms Protocol") supplementing the United Nations Convention against Transnational Organized Crime "(the TOC Convention"), as they have currently been interpreted. Other amendments will improve the effectiveness and clarity of the principal Act and address operational issues that have emerged since it was last significantly amended in 1992. The Firearms Protocol is one of three Protocols that supplement the TOC Convention. The other Protocols relate to Trafficking in Persons and the Smuggling of Migrants. New Zealand is a party to the Convention and to those other Protocols. The purpose of the Firearms Protocol is to promote, facilitate and strengthen international co-operation in order to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms, their parts and components, and ammunition. A minimum compliance regime requires New Zealand to have effective measures in place to combat illicit firearms manufacturing and trafficking. New Zealand did not sign the Protocol before the closing date for signatures but it is still possible to become party to it by acceding to the Protocol in the future. The Protocol will come into force following ratification or accession by 40 states. The Government has agreed that New Zealand should become a Party to the Firearms Protocol subject to completion of the International Treaty Examination process, the passage of this Bill, and amendments to the Arms Regulations. The Firearms Protocol contains certain minimum requirements. While New Zealand's existing export-import regime for firearms satisfies the requirement for State Parties to maintain information for tracing and identifying firearms at the time of their import or export, amendments to the principal Act are necessary to ensure that other requirements are satisfied. For example, import permit requirements are extended to cover the import of ammunition. Other amendments--- o include the harbours and territorial waters of New Zealand in the scope of the Arms Act: o provide for the seizure and disposal of illegally imported ammunition. In accordance with the Protocol the Bill establishes 3 new offences, relating to--- o the illicit manufacture of firearms and their parts; and o the illicit trafficking of firearms, their parts, and ammunition; and o the removal or altering of firearm markings without lawful excuse. These offences have maximum penalties of 5 years imprisonment, a fine up to $10,000, or both. There are consequential amendments to the Mutual Assistance in Criminal Matters Act and Extradition Act to include references to the Firearms Protocol. Additional amendments The other provisions included in the Bill improve the effectiveness and clarity of the principal Act, and address outstanding operational issues. There are amendments in the following areas: o body armour: There are new restrictions on the purchase, sale, and possession of body armour: o search powers: The Bill makes it clear that police search powers under the principal Act in respect of buildings, premises, and vehicles include the detention and search of people found on or in those places: o seizure of licences: An amendment is included to enable the seizure by police of a firearms licence in certain circumstances such as where there is a breach of the Act by a licencee: o temporary suspension of licence: police will be able to temporarily suspend a licence while its revocation is being considered: o security: Secure storage facilities for firearms are to become a requirement for obtaining firearms licences: o pistols: The Bill makes it clear that it is not illegal for people to use pistols if they are at a pistol club range and are under the immediate supervision of a person who is licensed to possess a pistol: o high-powered airguns: The definition of firearm is amended to include any airgun which has a muzzle energy of more than 34 joules (so that the owners of such airguns will require firearms licences and be subject to security requirements): o penalties: A number of penalties (mainly fines) are being increased. There is also to be a new penalty of a suspension of a licence or endorsement, applicable to many of the offences against the principal Act. Clause by clause analysis Clause 1 relates to the Bill's Title. Clause 2 provides for the Bill's commencement. Clauses 3 to 49 and the Schedule are to be brought into force by Order in Council. Some provisions in the Bill require the making of regulations before they can be brought into force. Other provisions will not come into force until the Firearms Protocol comes into force. The rest of the Bill comes into force on the day after assent. Part 1 Amendments of general provisions and provisions relating to licences and importation Clause 3 amends section 2 of the principal Act by--- o amending several existing definitions; and o replacing the definition of antique firearm with a new definition; and o inserting a number of new definitions. The most significant of these new definitions are those of body armour and missile. Clause 4 replaces section 3 of the principal Act (which provides that, subject to certain qualifications, the principal Act binds the Crown) with 2 new sections. New section 3 provides that, subject to section 3A, the principal Act binds the Crown. New section 3A exempts certain agents and employees of the Crown, and certain other people, from some aspects of the principal Act. Subsection (1) defines item for the purposes of the section. It is any thing that is an airgun, explosive, firearm, or restricted weapon, ammunition, or body armour (or part of an item). Subsection (2) frees from all restrictions in the principal Act on the carriage, manufacture, modification, possession, or repair of items (so long as they are acting in the course of their duties)--- o members of the Defence Force: o members of the cadet forces: o members of visiting forces: o members of the police: o armourers employed by the police: o visiting members of overseas police or law enforcement agencies operating under the direction of the Commissioner of Police: o officers (within the meaning of the Anti-Personnel Mines Prohibition Act 1998): o officers and agents of the New Zealand Customs Service. Subsection (3) frees from all restrictions in the principal Act on the carriage, manufacture, modification, possession, or repair of items--- o people undergoing a period of service, training, or exercise when subject to the Armed Forces Discipline Act 1971 by virtue of section 10(1) of that Act: o people undergoing a period of training or exercise when subject to the Armed Forces Discipline Act 1971 by virtue of section 11(1) of that Act: o people subject to the Armed Forces Discipline Act 1971 by virtue of section 16(1) of that Act during a period when a New Zealand force is on active service. Subsection (4) frees from all restrictions in the principal Act on the carriage or possession of items prisoners of war subject to the Armed Forces Discipline Act 1971 by virtue of section 12(1) of that Act. Subsection (5)--- o frees from all restrictions in the principal Act on the carriage or possession of ammunition, body armour, or firearms people employed by the police to give members of the police firearms training who are acting in the course of their duties: o frees from all restrictions in the principal Act on the carriage or possession of restricted weapons that are a gas or other disabling substance, or devices designed to discharge such weapons people employed by the police to give members of the police firearms training who are acting in the course of their duties: o frees from all restrictions in the principal Act on the carriage or possession of items employees of the Institute of Environmental Science and Research Ltd who are acting in the course of their duties. Subsection (6) frees from all restrictions in the principal Act on the carriage or possession of items people working in a forensic laboratory or forensic technical facility providing scientific services to the police. Subsection (7) frees from all restrictions in the principal Act on the carriage or possession of an item a person working in a forensic laboratory or forensic technical facility engaged to provide scientific services to a defendant charged with an offence relating to, involving, or alleged to have involved--- o that item; or o an item of the same kind; or o if the person is trying to determine whether the offence might have involved an item of some other kind, an item of the other kind. Subsection (8) frees from all restrictions in the principal Act on the carriage or possession of an item the carriage or possession of an item belonging to the Crown under the authority of regulations under the principal Act. Subsection (9) frees from all restrictions in the principal Act on the importation, sale, or supply of items--- o importation, of items by the Crown; and o the sale or supply of items by the Crown or to the Crown. Clause 5 replaces section 5 of the principal Act (which requires people in the business of selling or manufacturing firearms, airguns, or restricted weapons to hold a dealer's licence) with a new section, which applies the requirement to hold a dealer's licence to people in the business of--- o selling, hiring or otherwise supplying firearms, airguns, restricted weapons, or ammunition, or parts of airguns, firearms, or restricted weapons; or o repairing or modifying firearms, airguns, or restricted weapons, or parts of airguns, firearms, or restricted weapons; or o manufacturing for sale, hire, or other supply firearms, airguns, restricted weapons, or ammunition, or parts of airguns, firearms, or restricted weapons. The new section provides expressly for the issue of dealer's licences that permit only sale, repair, and modification, only manufacture, or both. In addition, the new section makes no mention of pistols. This is not because it is not to apply to pistols, but because a pistol is a form of firearm. Thus, a reference to firearms includes pistols. A number of other provisions of the Bill also either insert into the principal Act provisions that do not mention pistols expressly, or amend existing provisions of the principal Act to omit unnecessary references to pistols. These provisions will continue to apply to pistols because they contain references to firearms. Clause 6 replaces section 8 of the principal Act (which provides that a dealer's licence lasts for one year but may be renewed) with a redrafted section that is to the same effect, but also provides that this duration is subject to the fact that a dealer's licence may be revoked (under section 9) or suspended (under section 59F). Clause 7 replaces section 10 of the principal Act (which restricts the ability of licensed dealers to take a pistol or restricted weapon into their possession for sale) with a redrafted section. The new section applies to military-style semi-automatic firearms as well as pistols and restricted weapons, and has a new maximum penalty for contraventions of its requirements. At present, the maximum penalty is a fine of up to $2,000. The penalty is now to be--- o a fine of up to $4,000; or o the suspension of the offender's dealer's licence; or o both a fine and a suspension. Clause 8 amends section 11 of the principal Act (which provides that licensed dealers and their employees and agents must not sell firearms, airguns, or restricted weapons unless they hold firearms licences). Licensed dealers and their employees and agents will now also need firearms licences to hire or otherwise supply firearms, airguns, or restricted weapons. At present, the maximum penalty is a fine of up to $500. The penalty is now to be--- o a fine of up to $2,000; or o the suspension of the offender's dealer's licence; or o both a fine and a suspension. Clause 9 replaces section 12 of the principal Act (which requires licensed dealers to keep written records about the receipt, sale, or manufacture of firearms, airguns, and restricted weapons) with a redrafted section. The new section--- o allows records to be kept digitally: o extends the existing power to search the written records so as to enable searches of, and the obtaining of print-outs from, records kept digitally: o has a new maximum penalty for contraventions of its requirements. At present, the maximum penalty is a fine of up to $500. The penalty is now to be--- o a fine of up to $2,000; or o the suspension of the offender's dealer's licence; or o both a fine and a suspension. Clause 10 replaces sections 14 to 18 of the principal Act with 6 new sections. New section 14 is to the same effect as the existing section, but extends its application to the suspension of a dealer's licence as well as its revocation. It allows a person whose dealer's licence is revoked or suspended for 3 months (or any longer period the Commissioner of Police allows) to dispose of the airguns, ammunition, firearms, and restricted weapons in his or her possession or under his or her control when the licence was revoked or suspended to persons approved by a commissioned officer of police. New section 15 is to the same effect as the existing section, but extends its application to the suspension of a dealer's licence as well as its revocation. It provides that--- o a person whose dealer's licence is revoked or suspended commits an offence if, by way of business, he or she sells, supplies, or repairs an airgun, any ammunition, a firearm, or a restricted weapon (or a part of an airgun, a firearm, or a restricted weapon) or a part or propellant of any ammunition: o a person whose dealer's licence is revoked commits an offence if he or she has a business interest in an airgun, any ammunition, a firearm, or a restricted weapon. These offences are not committed by a person who, in accordance with section 14 disposes of the airguns, ammunition, firearms, and restricted weapons in his or her possession or under his or her control when the licence was revoked or suspended, or retains a business interest in them pending disposal. Importation of ammunition, firearms, parts of firearms restricted weapons, and starting pistols New section 16 is to the same effect as the existing section, but extends its application to ammunition (other than ammunition to which the importation requirements of the Hazardous Substances and New Organisms Act 1996 applies). It prohibits the importation without a permit issued by the police of--- o firearms, restricted weapons, and starting pistols; and o parts of a firearms, restricted weapons, and starting pistols; and o ammunition to which the importation requirements of the Hazardous Substances and New Organisms Act 1996 does not apply. It will still be an offence to contravene section 16; but the offence will now be contained in section 58B rather than section 16. New section 16A relates to the temporary importation of items for which a police import permit or ERMA import approval is needed. Subsection (2) requires a person to include a description of such an item in the appropriate customs report promptly after he or she--- o disembarks in New Zealand from a ship on which he or she has brought it into a part of New Zealand's territorial waters; or o anchors or moors within New Zealand or New Zealand's territorial waters a ship on which he or she has brought it into a part of New Zealand's territorial waters; or o disembarks in New Zealand from an aircraft on which he or she has brought it into New Zealand; or o lands in New Zealand an aircraft on which he or she has brought it into New Zealand. Subsection (3) provides that a person does not commit an offence against section 16 in respect of the importation without a police import permit of an item for which such a permit is needed if--- o it has been imported only temporarily; and o he or she, or some other person, has complied with subsection (2) in respect of it; and o it is removed from the ship or aircraft concerned to a place of security by or as directed by a Customs officer or member of the police; or o it remains secured on the ship or aircraft concerned as directed by a Customs officer or a member of the police: o a police import permit is obtained for it. New section 17 is to the same effect as the existing section. It provides that if a person is being prosecuted for doing an act that would be a contravention of section 16 or section 16A if done without the necessary import permit or approval, the burden of proving that he or she had the permit or approval lies on him or her. New section 18 is to the same effect as the existing section (which provides for the issue of police import permits); but, because permits will now be required for importing ammunition, also provides for the issue of permits for that purpose Clause 11 replaces section 19 of the principal Act (which authorises a member of the police or Customs officer to seize a firearm or restricted weapon, or part of a firearm or restricted weapon, imported without a permit) with 2 new sections. New section 19 authorises a member of the police or Customs officer to seize a firearm, restricted weapon, or starting pistol, part of a firearm, restricted weapon, or starting pistol, or ammunition, if it has been imported without a police import permit. The section makes clear that a seized item is forfeit to the Crown, and no compensation is payable for it. New section 19A is new. It allows members of the police and Customs officers to detain rather than seize a firearm, restricted weapon, or starting pistol if it has been brought into New Zealand by craft. The person who imported it then has one month to apply for a firearms licence and police import permit for it (or, in the case of a starting pistol, a police import permit only). If no application is made within one month, or an application is refused, it may then be seized. Clause 12 increases from $1,000 to $4,000 the maximum fine for contravening section 20 of the principal Act (which prohibits the possession of a firearm by a person unless he or she is 16 or over and holds a firearms licence). Clause 13 amends section 22 of the principal Act. Subclause (1) amends section 22(2). Section 22(2) at present provides a defence for a person prosecuted for an offence against section 20 (possession of a firearm without a firearms licence) if the person proves that--- o the firearm was in the person's possession for use under the immediate supervision of the holder of a firearms licence; and o at all times while the firearm was in the person's possession, he or she was under the immediate supervision of the holder of a firearms licence. The defence does not apply to the possession of pistols or restricted weapons. The amendment has the effect that the defence does not apply to the possession of military style semi-automatic firearms either. Subclause (2) adds a further defence to section 22 of the principal Act. The defence applies only to pistols, and has the effect that it is a defence for a person prosecuted for an offence against section 20 (possession of a firearm without a firearms licence) in respect of a pistol if the person proves--- o the pistol was in the person's possession for use, on the range of an incorporated pistol shooting club for the time being recognised by the Commissioner for the purposes of section 29, under the immediate supervision of the holder of a firearms licence bearing an endorsement permitting the holder to possess the pistol or of a pistol of that kind; and o at all times while the pistol was in the person's possession, he or she was on the range of such a pistol shooting club, and under the immediate supervision of the holder of such a firearms licence. Clause 14 amends section 24 of the principal Act, which relates to the issue of firearms licences, so that a firearms licence is not to be issued to an applicant if--- o the member of the police to whom the application is made does not think that the applicant has, or has access to, secure storage facilities that comply with regulations made under the principal Act; or o a commissioned officer of Police thinks it reasonably likely that a person whose firearms licence is suspended will have access to a firearm or airgun in the applicant's possession. Clause 15 amends section 25 of the principal Act (which states the duration of firearms licence) to make clear that a firearms licence is not in force while it is suspended. Clause 16 replaces sections 27 and 27A of the principal Act (which relate, respectively, to the revocation and surrender of firearms licences, and the relationship between the Domestic Violence Act 1995 and the powers under the principal Act to issue, revoke, and suspend firearms licences) with 4 new sections. New section 26A enables the temporary suspension of a firearms licence pending its possible revocation. At present, a firearms licence may be immediately revoked under section 27 of the principal Act. Now, it must be suspended first. A commissioned officer of police may suspend a licence if satisfied that--- o its holder is not a fit and proper person to be in possession of a firearm or airgun; or o its holder has failed or refused to secure firearms properly; or o the licence has been seized under section 60, section 60A, or section 61 of the principal Act; or o access to a firearm or airgun in its holder's possession is reasonably likely to be obtained by--- o a person whose application for a firearms licence has been refused because he or she is not a fit and proper person to be in possession of a firearm or airgun; or o a person whose firearms licence has been revoked because he or she is not a fit and proper person to be in possession of a firearm or airgun; or o a person who, in the opinion of a commissioned officer of police, is not a fit and proper person to be in possession of a firearm or airgun; or o a person whose application for a permit or certificate of registration under the Arms Act 1958 (the predecessor of the principal Act), has been refused on the ground that he or she is not a fit and proper person to be in possession of a firearm or airgun; or o a person whose certificate of registration has been revoked under the Arms Act 1958 because he or she is not a fit and proper person to be in possession of a firearm. The suspension is effected by written notice stating--- o the ground of the suspension; and o that fact that the suspension is to enable the police to consider revoking the licence on that ground; and o that the holder may make submissions on whether the licence should be revoked; and o the day on which the decision whether to revoke the licence will be made; and o that the suspension lasts until notice of the decision whether the licence has been revoked is given to the holder. New section 27 enables the revocation of firearms licences suspended under new section 26A. A commissioned officer of police may revoke a suspended firearms licence if he or she--- o has considered any submissions made by its holder (before the day stated in the notice suspending it) on whether it should be revoked on the ground stated in the notice; and o is satisfied that it should be revoked on that ground. New section 27AA is to the same effect as subsection (2) and (to the extend that it relates to the surrender of firearms licences) subsection (3) of section 27 of the principal Act. It provides that--- o the holder of a firearms licence may surrender it; and o on the surrender of the licence, the holder ceases to be licensed to possess firearms, airguns, restricted weapons, or ammunition. New section 27B is to the same effect as the present section (which provides that a commissioned officer of Police may decide that a person is not a fit and proper person to be in possession of a firearm or airgun if satisfied that--- o there are grounds under the Domestic Violence Act 1995 for making an application for a protection order against the person; or o such an order is in force under that Act against the person). But it now applies also to orders under the Harassment Act 1997. Clause 17 makes a necessary amendment to some section references in section 34B of the principal Act. Clause 18 replaces section 39 of the principal Act with a new section. The present section--- o requires the owner of a firearm (whether a pistol, a military-style semi-automatic firearm, or a firearm of some other kind) or a restricted weapon to report its loss or theft to the police; and o requires the owner of a pistol or restricted weapon to report its destruction to the police. The new section--- o also requires the owner of a military-style semi-automatic firearm to report its destruction to the police; and o increases from $500 to $4000 the penalty for contravening the section. Clause 19 amends section 40 of the principal Act, which requires people in possession of firearms, airguns, or restricted weapons to give their name, address, and date of birth on demand by a member of the police. The amendments--- o apply the requirement to people in possession of body armour; and o omit an unnecessary reference to pistols. Clause 20 replaces section 41 of the principal Act (which requires a person in possession of an airgun or antique firearm who does not hold a firearms licence or dealer's licence to surrender the airgun or antique firearm to the police if the police are satisfied that the person is not a fit and proper person to be in possession of it) with a redrafted section that extends the requirement to people in possession of body armour. Part 2 Amendments relating to criminal activity Clause 21 amends section 42 of the principal Act (which prescribes offences in respect of licences) so as to--- o omit an unnecessary reference to pistols; and o provide that a person convicted an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 22 amends section 43 of the principal Act (which makes it an offence to supply firearms or airguns to unlicensed people) so as to--- o make its heading more accurate; and o increase the maximum penalty for the offence from imprisonment for up to 3 months, a fine of up to $1,000, or both, to imprisonment for up to 6 months, a fine of up to $2,000, or both; and o provide that a person convicted an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 23 replaces section 43A of the principal Act (which makes it an offence to sell by mail order a firearm, ammunition, or a restricted weapon without a written order, signed by the buyer, that bears an endorsement signed by a member of the police stating that the member of the police--- o has inspected the buyer's firearms licence; and o is satisfied that the buyer is a fit and proper person to buy the firearm, ammunition, or restricted weapon) with a redrafted section. The new section--- o makes clear that it also applies to sales made over the Internet; and o provides that the order must be in a form approved by the Commissioner of Police. Clause 24 amends section 44 of the principal Act (which makes it an offence to supply pistols, military style semi-automatic firearms, or restricted weapons to unlicensed people) so as to provide that a person convicted of an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 25 amends section 45 of the principal Act (which makes it an offence to carry or possess firearms, airguns, restricted weapons, or explosives without a lawful, proper, and sufficient purpose) so as to--- o omit some unnecessary references to pistols; and o increase from 4 years to 5 years the maximum term of imprisonment for an offence against the section; and o provide that a person convicted an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 26 amends section 47 of the principal Act (which makes it an offence to be in charge of a firearm, airgun, or restricted weapon while under the influence of drink or a drug) so as to--- o omit some unnecessary references to pistols; and o provide that a person convicted an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 27 amends section 48 of the principal Act (which makes it an offence to discharge a firearm, airgun, or restricted weapon, without reasonable cause, in or near a dwelling house or public place, so as to endanger property or endanger, annoy, or frighten any person) so as to--- o omit some unnecessary references to pistols; and o provide that a person convicted of an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 28 amends section 49 of the principal Act (which makes it an offence to use, discharge, or carry "without a lawful, proper, and sufficient purpose" a bolt gun, stud gun, humane killer, tranquilliser gun, stock-marking pistol, underwater spear gun, flare pistol, deer-net gun, or miniature cannon, or a pistol that is part of rocket or line throwing equipment) so as to make it an offence also to wear, use, or carry body armour without a lawful, proper, and sufficient purpose. Clause 29 replaces section 49A of the principal Act (which makes it an offence for a person to whose firearms licence has been revoked to be in possession of a firearm or airgun at a time when he or she does not hold a firearms licence and is not expressly or by implication authorised by or pursuant to the principal Act to be in possession of that firearm or airgun) with a redrafted section. The new section--- o does not contain the reference to being expressly or by implication authorised to be in possession of a firearm or airgun (thus making it an offence for a person whose firearms licence has been revoked simply to be in possession of a firearm or airgun at a time when he or she does not hold a firearms licence); and o make it an offence also for a person whose firearms licence is suspended to be in possession of a firearm or airgun. Clause 30 amends section 50 of the principal Act (which contains offences relating to the unlawful possession of pistols or restricted weapons) so that--- o the offences also apply to the unlawful possession of military style semi-automatic firearms; and o a person convicted of an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 31 amends section 51 of the principal Act (which contains offences relating to the unlawful carriage or possession in public places of firearms, airguns, ammunition, explosives, or restricted weapons) so that--- o unnecessary references to pistols are removed; and o a person convicted of an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 32 amends section 52 of the principal Act (which contains offences relating to presenting firearms, airguns, or restricted weapons at another person) so that--- o unnecessary references to pistols are removed; and o a person convicted of an offence against the section may be subject to a suspension order under section 59F, instead of or as well as imprisonment or a fine (or both). Clause 33 amends section 53 of the principal Act (which contains offences |