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Weapons (Digital 3D and Printed Firearm) Amendment Bill 2014
Explanatory Notes
Title of the Bill
Weapons (Digital 3D and Printed Firearm) Amendment Bill 2014
Objectives of the Bill
The Weapons (Digital 3D and Printed Firearm) Amendment Bill 2014 (the Bill) amends the
Weapons Act 1990 for particular purposes. The policy objectives of the Bill are:
� To create a licensing scheme for persons who make, acquire, possess and/or distribute
digital 3D firearms as well as for licensed armours involved in the manufacturing of
firearms using an additive manufacturing process;
� To provide transitional provisions for the licensing scheme;
� To create offences and punishment provisions for persons who unlawfully make,
acquire, possess and/or distribute digital 3D firearms; and
� To amend the Weapons Act 1990 to include new definitions as necessary.
Reasons for the Bill
It is now possible for digital 3D firearm technology to be applied in conjunction with an
additive manufacturing process (i.e. 3D printing) to make a physical and operative firearm.
Technology advancements associated with the application of digital 3D models and 3D
printers are increasing and cost inhibitors are reducing. Nowadays digital 3D model
technology can be extensively applied.
There are many positive uses of such technology including for medical, scientific and
industrial purposes. The same technology can also be applied though for criminal purposes.
Accordingly, it is emphasised that laws must keep pace with technology to effectively protect
the community and all citizens alike.
The possibility and affordability to actually print a physical and operative firearm may be
enticing to some persons, particularly those who participate in a range of criminal activity.
From this perspective it is important to recognise that the making, acquisition, possession
and/or distribution of a digital 3D firearm and/or use of an additive manufacturing process to
make a firearm inherently exposes the community to very real and significant risk.
Unauthorised activities of this kind must therefore be considered as a crime and dealt with
fittingly.
Achievement of the Objectives
The Bill achieves the stated policy objectives by way of the proposed amendments.
Alternative ways of achieving policy objectives
There are no alternative ways of achieving the criminal law reform.
Estimated Cost for Government Implementation
Any costs in relation to the amendments will be met from existing agency resources.
Weapons (3D Digital and Printed Firearms) Amendment Bill 2014 1
Consistency with Fundamental Legislative Principles
It is recognised that legislation should have sufficient regard to the rights and liberties of
individuals. The Bill effectively creates a licensing scheme and introduces a number of new
offences into the Weapons Act 1990.
Overall the Bill is consistent with Fundamental Legislative Principles.
It is timely to create a licensing scheme in relation to digital 3D firearms including for the use
of an additive manufacturing process. It is also necessary to create a number of new offences.
In particular, to prosecute those who choose to expose the community to very real and
significant risk through non-compliance and offending behaviour as described under the Bill.
To this end it is recognised that the Bill may impact on the rights and liberties of individuals.
Specifically the Bill subjects people to a licencing scheme and may also subject offenders to
fines or to serve a period of actual incarceration. These measures are of overriding
importance though and the licencing scheme and penalties are each consistent and
proportionate with the existing provisions of the Weapons Act 1990.
Sanctions that restrict rights and liberties of individuals, particularly through incarceration,
are only applied to those persons who actively engage in harmful and/or disruptive behaviour.
This serves to protect citizens whose rights and liberties would be adversely and unjustifiably
restricted or impacted by such behaviour. Sanctions also serve to prevent the continuation of
this type of behaviour.
Despite the justification for the use of sanctions based on deterrence, punishment or reduction
of the opportunity to re-offend, it is recognised that offenders still remain citizens in society
and retain rights and liberties which should not be curtailed any more than is needed. In
consideration and respect of these important principles, it is maintained that the licensing
scheme and new offences and punishments introduced through the Weapons (Digital 3D and
Printed Firearm) Amendment Bill 2014 are reasonable and justified.
Consultation
There has been no formal consultation.
Weapons (3D Digital and Printed Firearms) Amendment Bill 2014 2
Notes on Provisions
1 Short title
Clause 1 states that, when enacted, the Bill will be cited as the Weapons (3D Digital and
Printed Firearms) Amendment Act 2014.
2 Act amended
Clause 2 states the Weapons (3D Digital and Printed Firearms) Amendment Act 2014 will
amend the Weapons Act 1990.
3 Insertion of new 69A
Clause 3 inserts a new section 69A in the Weapons Act 1990 to require licensed armourers to
be authorised under a condition of the armourers licence to manufacture firearms using an
additive manufacturing process and sets penalties for any non-compliance offence(s).
4 Insertion of new pt 5
Clause 4 inserts a new pt 5A `Digital 3D firearms' after existing section 141B `Disclosure
requirements' and creates new divisions and sections:
Division 1 Preliminary
� 141C `Application of pt 5A' lists certain persons or activities that are exempt;
� 141D `Definitions for pt 5A' provides new definitions as necessary;
Division 2 Digital firearm licences
� 141E `Digital firearm licences' provides that a licence authorises the holder to do
activities stated in the licence (i.e. acquire, distribute, possess and/or make a 3D
firearm);
� 141F `Digital firearm licence applications' describes the application process for a
digital firearm licence;
� 141G `Deciding digital licence applications' sets out the decision process and period
for authorising a digital firearm licence;
� 141H `Notices of decisions' explains obligations upon an authorised officer to give
notice of a decision to grant or refuse an application including the period for doing so;
� 141I `Issue of digital firearm licence' specifies the form, conditions and duration of a
digital firearm licence;
� 141J `Renewal of digital firearm licences' describes the renewal process for a digital
firearm licence and obligations upon an authorised office to give notice of a decision
to grant or refuse a renewal application including the period for doing so; and
� 141K `Revocation of digital firearm licences' details obligations upon a licensee to
give an authorised officer written notice in certain circumstances and, in turn, explains
obligations upon an authorised officer to give a notice to show cause (i.e. show cause
notice) why the licence should not be revoked and respective periods for doing so.
Weapons (3D Digital and Printed Firearms) Amendment Bill 2014 3
Division 3 Offences relating to digital 3D firearms
� 141L `Making of digital 3D firearms' prohibits a person from making a digital 3D
firearm unless authorised and sets out categories and corresponding punishments;
� 141M `Acquisition and possession of digital 3D firearms' prohibits a person from
knowingly acquiring or having possession of a digital 3D firearm unless authorised
and sets out categories and corresponding punishments; and
� 141N `Distribution of digital 3D firearms' prohibits a person from distributing a
digital 3D firearm unless authorised and sets out categories and corresponding
punishments.
5 Amendment of section 142 Right to apply for review of decisions
Clause 5 inserts new provisions (142(1)(g), (h) and (i)) to provide a right to apply for review
of a decision relating to refusing either an application for or renewal of a digital firearm
licence as well as a decision revoking a digital firearm licence.
6 Insertion of new pt 8, div 6
Clause 6 inserts a new Part 5 `Transitional provision for Weapons (3D Digital and Printed
Firearms) Amendment Bill 2014' specifying that a licenced armourer using an additive
manufacturing process has a 3 month period to amend the armourer's licence to include a
condition authorising the armourer to manufacture firearms in this way.
7 Amendment of Schedule 2 Dictionary
Clause 7 amends `Schedule 2 Dictionary' to provide new definitions as necessary.
Weapons (3D Digital and Printed Firearms) Amendment Bill 2014 4