NATIONALSMALLARMSSTATEMENT

IMPLEMENTATION OF THE UNITED NATIONS PROGRAM OF ACTIONTO PREVENT, COMBAT AND ERADICATE THE ILLICIT TRADE INSMALL ARMS AND LIGHT WEAPONS IN ALL ITS APECTSNATIONAL SMALL ARMS STATEMENTAUSTRALIAAustralia plays an active and innovative role in international small arms control efforts, reflect ing the importa nee it attaches to domestic gun con trol, and concerns about the illicit proliferati on of small arms in n eighbouri ng coun tries. In the past year, the Australia n Gover nment has bee n actively promoti ng intern ati onal cooperati on to deal with small arms related problems, with a particular focus on our regi on. It is our view that enhan cedregi onal acti on is the buildi ng block for a broader intern atio nal effort.The followi ng is an overview of measures take n by Australia at the n ati on al, regi onal and intern ati on al level to address the challe nge of the proliferati on, misuse and destabilis ing accumulati ons of small arms.NATIONAL MEASURESNational Coordination Agencies or BodiesThe point of con tact on intern ati onal policy is the Arms Con trol and Coun terProliferatio n Branch in the International Security Division of the Department of Foreig n Affairs and Trade.The Mi nisterial Cou ncil for Police and Emerge ncy Man ageme nt -Police (MCPEMP) is the prin cipal forum for the developme nt of n atio nal firearms policy. The MCPEMP comprises the Federal Minister for Home Affairs, the New Zealand Minister for Police, and the Police Min isters of each State and Territory of Australia. Officials of the Australian and State and Territory governments meet biannually under the auspices of the MCPEMP to support developme nt of n ati on ally con siste nt policy resp on ses to firearms-related issues.The Firearms Policy Unit of the Attorney- Ge neral Departme nt is resp on sible for provid ing the Australia n Gover nment with n ati onal and intern ati onal perspectives on firearms policy, and for coordi nati ng the developme nt of n ati on ally con siste nt firearms policy within Australias federal constitutional arrangements,through the MCPEMP.Leading national law enforcement bodies, including the Australian Crime Commissio n (ACC), the Australia n Federal Police (AFP) and other bodies such as the Australian Institute of Criminology (AIC), inform the development of policy on firearms, and provide in formatio n on trends in illicit firearms trafficki ng.The ACC coordi nates strategic in tellige nee and operati onal activity relati ng to illegal firearms trafficki ng on a n ati onal basis. It is also broade ning the framework for the collection of intelligenee on illegal firearms trafficking to include a national un dersta nding of the illicit firearms market. It is target ing illegal firearm trafficki ngand use as a matter of investigative priority and is currently supporting several multiage ncy operati ons inv olvi ng people and groups whose activities cross State/Territory boundaries which can also invoIve activities across Australia s border.Legislation, Regulations and Administrative ProceduresAustralia has in place some of the most stringent firearms laws in the world. In Australias federal system of government, the six State and two Territory governments have direct legislative responsibility for the control of firearms (in clud ing the possessi on, own ership, use, product ion and domestic tran sfer of firearms, their parts, accessoriesand ammunition). The Australian Government is responsible for controlling the import, export and transit of firearms, their parts, accessories and ammun iti on.The Australia n and State and Territory gover nments have con cluded three agreeme nts on firearms since 1996, which together form the foun dati on of Australias firearms con trols:The National Firearms Agreement (NFA) of 1996: prohibited a range of automatic and semi-automatic or military style Io ng arms, 642,000 of which were surrendered, destroyed and the owners compensated under a buyback scheme funded by the Australian Government; required registrati on of all firearms; established a national database (Crimtrac) of all registered firearms. This system is update by each State and Territory and linked across Australia on a monthly basis; required lice nsing of all firearms own ers; required the establishme nt of genuine reas ons for owning, possess ing or using a firearm, which does not in clude self defe nee; required strict, character and safety criteria for firearms lice nee applica nts; and established minimum firearms safety trai ning and storage requireme nts.The Natio nal Firearms Trafficki ng Policy Agreeme nt (NFTPA) of 2002: in creased efforts to detect illegally imported han dgu ns through improved Australia n Customs Service (Customs) con trols; established substantial penalties for illegal possession or selling of a firearm andan exte nded and comprehe nsive legislative defi niti on of; possessi on provided for stricter mon itori ng of lice nsed firearms dealers, in clud ing the power to refuse or can cel lice nces where the dealer is associated with or employs pers ons of bad character; provided for tighter recording and reporting of transactions involving major firearm parts; and provided for the establishment of federal cross border firearms trafficking offen ces, with a maximum pen alty of 10 years impris onment an d/or a A275,000 fine.The National Handgun Agreement (NHA) of 2002: prohibited sporting shooters from importing, owning, using or possessing handguns that:- have a calibre in excess of .38 (uni ess the sport ing shooter is participati ng in the specially accredited events of Metallic Silhouette or Single/Western Actio n); or- a barrel length of 120mm for semi-automatic and 100mm for revolvers or sin gle shot han dgu ns (except for highly specialised target pistols); or- a magaz ine capacity in excess of 10 roun ds.Almost 69,000 of these handguns were surrendered and destroyed and their owners compensatedunder a buyback scheme funded by the Australian and State and Territory gover nmen ts;* established new requireme nts for sport ing shooters to gain accessto han dgu ns, in cludi ng:- membership of a sports shoot ing club for all sport ing shooters;- satisfactory police record checks and character references for new sporting shooters;- graduated access to handguns for new sport ing shooters through a 12-m onth probationary period supervised by the club;- completi on of a firearms safety training for new sport ing shooters, and- participation in a minimum number of shooting events every year for all sport ing shooters.Export/Import/Transhipment controlsAustralia implements strict and comprehensive controls and licensing procedures to regulate the import and export of small arms, in cludi ng tran shipme nt. These con trols regulate the legal trade in small arms, which in turn helps to prevent illicit trafficking.All proposed exports from Australia of defenee and related goods, including small arms, are subject to comprehe nsive, case-by-caseGover nment review and lice nsing procedures. Licence approvals are issued only for exports that are consistent with Australias international obligations and broader interests, including foreign policy, security and human rights considerations.Exports -General ControlsExports -Expressed prohibiti onsAustralias strict policy on illegal arms transfers is illustrated by the various conditions under which exports of military small arms and military goods are expressly prohibited, in clud ing:* to countries against which the United Nations Security Council has imposed a man datory arms embargo or restricti ons;* to gover nments that seriously violate their citize ns rights, uni ess there is no reas on able risk that the goods might be used aga inst those citize ns;* where foreig n and strategic policy in terests outweigh export ben efits; and* if there is reason to believe the goods could be used in mercenary, terrorist or other crim inal activities.Exports Specific desti nati onsAustralia fully complies with third party transfer undertakings and obligations provided to the orig inal export ing State. The discharge of these obligati ons in cludes no tificati on of the orig inal export ing State of the in ten ti on to retra nsfer where this invo Ives military weap ons. Australia also requires en d-use and en d-user certificati on for small arms and light weap ons from desig nated recipie nt States. Military firearms are on ly exported to a foreig n gover nment or itsauthorised represe ntative.Exports En d-use and en d-user certificati on requireme ntsAustralia fully complies with third party transfer undertakings and obligations provided to the orig inal export ing State. The discharge of these obligati ons in cludes notification of the original exporting State of an intended third party transfer involving military weapons.Exports -Restricted Goods Permits (RGP)An RGP is a permit issued by Customs on behalf of the Department of Defence to an in dividual to export lower-risk firearms for the purpose of:* tak ing part in overseas sport ing shooters eve nts;* hun ti ng;* for protectio n in intern ati onal waters aga inst piracy;* re-export ing a firearm that has bee n declared on arrival in Australia; or* re-export ing a firearm that has bee n declared on import, and where the in dividual is able to produce releva nt import approval docume ntati on.In obtaining an RGP, to reduce the likelihood of exported weapons leaking into the black market, licence and registration certificates must be provided, and the firearms are physically verified by Customs officers at the intern ati onal point of departure. Australia n Customs Service in specti ons are thorough and in clude use of sophisticated tech no logies and targeted in specti ons based on in tellige nce in formatio n. RGP data is available for sharing with State, Territory and Federal Firearms registries.Imports -General controlsAustralia applies tight controls to all firearms imports. Importers are required to obtain permission from the Federal Attorney-General or State and Territory police prior to the importation of firearms, their parts and ammunition. Approval can only be gran ted where all legislative requireme nts have bee n met, which in cludes the importer satisfy ing the releva nt import test and being authorised/lice nsed to possess the type of firearm concerned and the firearm/s meeting thorough safety testing un dertake n by Customs.Gen erally, the import tests require the importer to establish a genuine n eed for import ing the firearm, such as, for gover nment purposes, sports shooti ng or vertebrate pest con trol.Additi on ally, limits are placed on the stocks of n ewly imported han dgu ns and other highly restricted firearms that importers/dealers can hold (stocks of such firearms over and above the set limits must be held by Customs).Imports Trafficking PenaltiesIn March 2000, Australia in creased pen alties for illegal firearms traffick ing. Through amendments to the Customs Act 1901, criminal offences relating to importing firearms were made puni shable on conv icti on by a pen alty of up to A275,000 an d/or 10 years impris onment.On 20 December 2002, the Federal Government banned the import of all prohibited handguns by sport ing shooters (that is, all han dgu ns other tha n those which meet the prescribed physical characteristics, including barrel length, calibre and shot capacity), by amendment to its Customs legislation. Statesand Territories have implemented the same reforms in their own legislatio n.Marking and TracingAustralia is curre ntly reviewi ng its marki ng practices in the con text of tak ing the steps n ecessary to ratify the Protocol aga inst the Illicit Manu facturi ng of and Traffick ing in Firearms, Their Parts and Components and Ammunition, supplementing the United Nati ons Conven ti on aga inst Transn ati onal Orga ni zed Crime (Firearms Protocol) and the international instrument on marking and tracing of small arms and light weapons.Australia has a very low rate of firearms manu facture. Gover nments are review ing the approach to regulati on in this area.All imported firearms manu factured after 1900 must bear a unique ide ntify ing mark (i.e. serial nu mber). The Australia n Customs Service mon itors complia nee with this requireme nt as a part of import procedures.The Australia n Crime Commissio n (ACC) un dertakes the trac ing of located firearms within the crim inal market. In 2007 the ACC and the Un ited States Departme nt of Justice, Bureau of Alcohol, Tobacco and Firearms, (ATF) sig ned a Memora ndum of Understanding (MOU) on the sharing of information in relation to firearm trafficking issues. The ACC has a strong relatio nship with both the n ati onal and intern ati onal firearms industry which supports the timely tracing of illicit firearms. Gathering historical records, the ACC is establishi ng a database of firearm tran sact ion records which in dicate if a located firearm was ever in the licit market. This ide ntifies those firearms as being legally imported into Australia where no factory records exists. Some 700,000 historical records have bee n en tered into the ACC firearms database in 4 years. The ACC is also establishing a firearm serial number structure guide, which will aid investigators and registry staff in identifying firearms make and model by a serial nu mber. Some 10,000 serial nu mber types have bee n in cluded so far with the release of the first book expected in January 2009.Record KeepingAll Australia n jurisdicti ons require compulsory registrati on of firearms and lice nsing of firearms own ers. Export and import procedures require full details of the firearms to be provided to Customs. Police services have access to firearms registrati on and lice nsing details through the maintenance of in dividual State and Territory firearm registry systems and also through the National Firearms Licensing and Registration System.Australian governments are working on ways of improving the quality and availability of firearms data at the n ati on al level.Acco un ti ng for Small Arms and Light WeaponsGen eral storage requireme ntsThe Australian and State and Territory governments have agreed on national sta ndards for the security and storage of firearmsThe storage sta ndard varies accordi ng to the type and nu mber of firearm being stored. San cti ons are imposed on in dividuals and state age nts who fail to meet safe storage requireme nts which can in clude revocati on of lice nses, seizure of firearms, fines or other judicial approved pen alties or, i n the case of state age nts, internal discipli nary actio n.Australia n Defence ForceThe Australia n Defence Force (ADF) main ta ins strict acco un tability processes for its weapons. ADF firearms storage and armoury security remains key issues for the Australia n Gover nment. Strict con trol measures apply to military weap ons, mun iti ons and explosives. Weapons are individually numbered and tracked, and are stored securely in Defence establishments. All weapons are stored securely in Defence establishme nts,registered and subject to strict acco un ti ng procedures, in cludi ng an annual cen sus supervised by the Defence Materiel Orga ni satio n and reviewed by the Defence In spector Gen era Office. The aim of each cen sus is to acco unt for 100 perce nt of weap ons. Thorough in vestigati on procedures are in place for inv estigati ons into the loss, theft or attempted theft of weapons, ammunition and explosives. Control measures on the employment of military small arms are enforced on operati ons through Rules of En gageme nt and Orders for Opening Fire.The Departme nt of Defence operates an inven tory man ageme nt system that details the unit or establishme nt holdi ng each weap on by weap on type and serial nu mber. All stored weapons, including privately owned, innocuous, drill purpose and display weap ons, are checked on a fortni ghtly basis.Defence regularly reviews operatio nal stock levels aga inst capability requireme nts. This an alysis provides the basis for ongoing provisi oning and determ in atio n of any pote ntial surplus.Police OfficersState-issued firearms are stored in highly secure storage at the particular police stati on concern ed. Strict acco un tability processesare maintain ed, recordi ng all details and audit all weapons stored on a regular basis. Most jurisdictions do not allow police officers to store state-issued firearms outside of the police stati on. As police firearms are owned by the government, retiring officers are not able to retain their firearms. Some jurisdictions allow police officers in limited circumstances to possess the firearm outside of duty, such as members of an on-call Special Operati ons Force. In these circumsta nces, storage facilities which meet all mi nimum safety requireme nts are in stalled by the state gover nment.Gen erally, firearms for official police use are imported directly from the manu facturers, bypass ing product importers and age nts. They are cleared through the Australia n Customs Service directly into the releva nt police armoury. These firearms are the n in spected, and registered before being issued pers on ally to sworn members of the police force. Regular audits, in spect ions and servici ng are con ducted.Destruction of Surplus Small Arms and light WeaponsThe ADF and other n atio nal and State and Territory age nciesclosely mon itor their firearms requirements and stocks. If a particular ADF weapon is declared out of service, disposal action will be commeneed. Weapons are destroyed (usually by smelt in g), or occasi on ally they may be on-sold. The same process occurs for weap ons declared surplus to requireme nt. However, surplus weap ons may be held in Ion g-term storage as War Reserve Stocks. In the eve nt of a sale, the tran sfer of the weap on is effected accord ing to the aforeme nti oned procedures gover ning weap ons exports. This en sures that the sale complies with releva nt Australia n Gover nment policy, and arms or weapons are sold only to approved purchasers, using the mechanism of end-user certification. In both the case of disposal by sale and/or destructi on, official stocks are strictly con trolled by the Defence Materiel Organisation using extant procedural requirements, including the recording of all serial nu mbers.Firearms surre ndered un der the 1996 buyback of long arms and the 2003 buyback of handguns were destroyed. Firearms seized by Customs as prohibited imports/exports are also destroyed un der the provisi ons of thC ustoms Act 1901Brokering LegislationAustralia is a signatory to the Firearms Protocol and is currently considering firearms brokeri ng issues within the con text of its obligati ons un der the Protocol. Curre ntly, the Crimes (Foreig n In curs ion and Recruitme nt) Act 1978 has provisi ons which crim in alise activities in clud ing certa in forms of brokeri ng.Public AwarenessThe Australian Government appreciatesthe importanee of informing and educating the community on the problems and consequences of the illicit trade in SALW. The Gover nment has fun ded a nu mber of in itiatives to raise public aware ness.The buyback of automatic and semi-automatic long arms instituted in 1996 was accompanied by firearms amnesties and other publicity measures to encourage firearms owners to surre nder un registered firearms. The Australia n Gover nment impleme nted a targeted in formatio n and aware nesscampaig n for those affected by handgun reform measures agreed to in 2002.The Australia n Gover nment mai ntai ns in ternet web sites in releva nt age ncies describ ing firearms measures it is tak ing at the domestic and intern ati on al level. The Aus