Question without notice: Adler A110 lever-action shotgun

2016-06-21

Ms PENNICUIK (Southern Metropolitan) — My question is to the Minister for Corrections in his capacity of representing the Minister for Police. The temporary ban on the importation of the eight-shot Adler A110 lever-action shotgun expires on 7 August. It has been reported that there are 7000 orders for this firearm, including 600 in Victoria. At present no decision has been made regarding an extension of the ban while the ongoing discussions of the review of the national firearms agreement continue beyond the expected end date. The Australian Crime Commission has warned the federal justice minister of the dangers of the Adler, which is available as a category A firearm and is being modified to carry more rounds. Gun control advocates are calling for the Adler to be classified as category C if the magazine carries five rounds or less and as category D if it carries more — and people are modifying them. My question is: is the government reconsidering classification of the Adler ahead of the expiry of the importation ban on 7 August?

Mr HERBERT (Minister for Training and Skills) — I thank Ms Pennicuik for her question. Can I just take this opportunity to state that in recent times we have seen some horrendous acts of violence using firearms across the world. We have seen the tragic assassination of British MP Jo Cox and of course the horrendous death of 49 people and 53 wounded in Orlando in the US. Can I just put on the record that the government of Victoria, as is every member of this Parliament, is of course absolutely appalled at these actions, and it will do all it can to ensure that such events do not occur here in this state.

I should also point out that in regard to the weapon used by Omar Mateen in the Orlando massacre it was an AR-15 assault rifle, which would not have been available to him here in Victoria under our national firearms agreement and the Victorian Firearms Act 1996, which very heavily restrict the use of those firearms. In regard to the question, however, from Ms Pennicuik, I will take that on notice.

Ms PENNICUIK (Southern Metropolitan) — I thank the minister for his answer, and I look forward to his written response. My supplementary question is: will the government be raising with the federal government the problem of the imminent expiry of the temporary ban on the importation of the Adler lever-action shotgun in August, and what pressure is it putting on the government to do something about either extending that ban or recategorising the firearm?

Mr HERBERT (Minister for Training and Skills) — I thank Ms Pennicuik for her supplementary question. As I say, we will certainly be doing all we can to ensure the tragic events that have created so much horror around the world in recent times do not occur here. In regard to the specific question about the Victorian government putting that issue on the agenda for the next national ministers meeting, I will take that on notice.

Written response from Mr Herbert on 24 June 2016:

The Victorian Government is committed to a consistent national approach to firearms regulation. Under the Firearms Act 1996 (Vic) (the Act), and in accordance with the National Firearms Agreement (NFA) of 1996, firearms are primarily categorised by type action and calibre. These categories were originally agreed to reflect the level of lethality of the respective firearms such that the most potentially dangerous and lethal firearms are placed in the most restrictive categories.

The firearm category structure, which is set out under section 3 of the Act, implements the 1996 NFA. Any changes to the fundamental category structure in the NFA should be by agreement of all states and territories to ensure national consistency.

I am advised that the reclassification of the Adler shotgun was discussed at the Law, Crime and Community Safety Council (LCCSC) meetings in November 2015 and April 2016, which reaffirmed the importance of the National Firearms Agreement. The LCCSC also agreed that further work be undertaken on the classification of lever-action shotguns. The Ministerial Council will consider a report on reclassification at its next meeting.

In regards to the supplementary question, the importation of firearms into Australia is a matter for the Commonwealth government. The importation of goods, including firearms, is regulated under the Customs Act 1901 (Cth) and regulations made under that Act. The Commonwealth government is currently in caretaker mode pending the result of the upcoming 2 July 2016 election.

I can advise the Member that the Victoria government will raise the issue of the importation ban with the incoming minister after the election results are known. The extension of the ban on the Adler shotgun will ultimately be a decision for the consideration of the incoming Commonwealth government.