Tolley Anne: Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill — Third Reading 
Text is incorporated into the Bound Volume 
Tolley Anne: Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill — Third Reading 
[Sitting date: 05 December 2012. Volume:686;Page:7237. Text is incorporated into the Bound Volume.] 
Hon ANNE TOLLEY (Minister of Police) 
: 
 I move  
That the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill be now read a third time 
. This bill amends the Arms Act 1983 to clarify the definition of military-style semi-automatic firearms known as MSSAs and to place controls on the importation of airguns that look like real pistols military-style semi-automatic firearms or restricted weapons. 
The bill does not radically change the status quo in respect of what constitutes a military-style semi-automatic firearm. A change in the definition was needed as a result of a 2010 High Court decision in  
Lincoln v New Zealand Police 
. This created a degree of uncertainty around the definition of military-style semi-automatic firearms and hence the police’s ability to determine which firearms would come under that definition. The bill returns the situation to a classification regime very similar to that administered between 1992 and 2009 but with added clarity. That regime was generally understood and accepted by the firearms community. 
A military-style semi-automatic firearm will now be defined in a positive straightforward manner as a semi-automatic firearm that has one or more specified features rather than as with the present definition in the Arms Act in the negative as a semi-automatic firearm that is not in sporting configuration. 
The bill introduces a right of appeal to the District Court for a person who is affected by a determination that a particular airgun is a military-style semi-automatic firearm. Controls on the importation of airguns that look like real pistols military-style semi-automatic firearms or restricted weapons are needed because these airguns are being used for criminal purposes. These airguns are now classified as restricted airguns. Police estimate that there is at least one incident a week where an airgun that looks like a real pistol a restricted weapon or a military-style semi-automatic firearm has been presented requiring an armed police response. Sometimes these involve a call-out of the armed offenders squad. This is a drain on police resources and creates risks for staff and the public. 
The import controls in the bill for restricted airguns are the same import permit controls that apply to real pistols military-style semi-automatic firearms or restricted weapons. A permit will be granted only if the Commissioner of Police is satisfied that there are special reasons why the airgun should be imported. Permits would be issued to allow for the legitimate importation of airguns for sporting and collection purposes and the like. 
The bill includes an amendment to eliminate the unnecessary regulation of fully automatic airguns used for airsoft and paintball sports. Fully automatic airguns used for these sports are currently declared as restricted weapons by the Arms (Restricted Weapons and Specially Dangerous Airguns) Order 1984. This does not accurately reflect their reduced ability to cause harm and so the bill removes them from being classified as restricted weapons. They will still however be subject to the import controls applying to restricted airguns where they look like pistols military-style semi-automatic firearms or firearms capable of full automatic fire. 
The bill was amended following its consideration by the Law and Order Committee. I once again would like to thank the Law and Order Committee for its careful consideration of the bill and for the refinements it made to the bill. The amended bill addresses the main concerns that the committee heard from submitters. In particular the bill now includes an additional layer of parliamentary scrutiny of regulations that declare particular makes and models of firearms or firearms of a stated description to be military-style semi-automatic firearms or declare particular features of firearms to be features of a military-style semi-automatic firearm. Any regulations made by Order in Council under new section 74A(b) to (d) of the principal Act are to be confirmed by statute within a specified period. Such confirmation which will usually be through a Subordinate Legislation (Confirmation and Validation) Bill will provide Parliament with an opportunity to consider the policy behind the regulations. If Parliament does not confirm these regulations they will be revoked. 
In conclusion the Arms (Military Style Semi-automatic Firearms and Import Controls) Amendment Bill improves the Arms Act 1983 by addressing two issues that need to be resolved with some urgency. Clarifying the definition of military-style semi-automatic firearms is in the interest of gun owners as it removes uncertainties around which of their firearms will have additional requirements for their possession. At the same time it improves the ability of the Arms Act to apply controls on the possession of military-style semi-automatic firearms. Placing controls on the importation of airguns that can be mistaken for real pistols military-style semi-automatic firearms or restricted weapons will limit their availability for criminal use and improve public safety. I commend this bill to the House.