Derek McDowell (Labour)

These amendments relate to section 30, which inserts a new section 3 into the Firearms Act 1925. Amendment No. 17 proposes the insertion of the words, "where the permission of that person has not been obtained", in section 30(6)(b) where a limited certificate for a shotgun is being sought. I refer the Senator to section 30(11)(a) of the new section which provides that, "a limited certificate relating to land occupied by a person other than the applicant for the certificate shall not be granted unless the occupier of the land has given the applicant a nomination in writing for holding the certificate". In effect, I am totally at one with the Senator, although I arrived at this position by a slightly more roundabout way. One cannot get a certificate without having a written nomination from the occupier of the land.

Senator Cummins proposes in amendment No. 18 that a person who uses or attempts to use a firearm on land occupied by another person, without his or her consent, shall be guilty of an offence. A firearms certificate can only be granted for shooting on specified lands or for specified purposes. Where the prior consent of the owner of the land is not given, then no certificate will issue.

A separate firearms certificate is issued in respect of each firearm. All firearms certificates specify the conditions under which a firearm is to be used. Where it is to be used for the purpose of shooting over lands, the lands in question are specified. Where a person uses his or her firearm for a purpose other than that stated in the certificate, or on lands other than those specified in the certificate, he or she is using the firearm otherwise than as authorised by the certificate and under section 2(2) of the 1925 Act, as amended, any person who has in his possession, uses or carries, any firearm without holding a firearms certificate therefor, or otherwise than as authorised by such certificate, shall be guilty of an offence. We believe we have covered Senator Cummins's second point already, that if one uses the firearm in a way that is not authorised by the certificate one is——