{"id":"F2022L00858","name":"Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Firearms Dealers) Declaration 2022","slug":"automatic-mutual-recognition-australian-capital-territory-exemptions-firearms-dealers-declaration-20","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441428,"registerId":"F2022L00858-fast-fetch-1775956726063","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Firearms Dealers) Declaration 2022","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nAutomatic Mutual Recognition (Australian Capital Territory) (Exemptions—Firearms Dealers) Declaration 2022\n\nI, Andrew Barr, Chief Minister for the Australian Capital Territory, make the following declaration.\n\nDated  27 June 2022   \n\nAndrew Barr\n\nChief Minister\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Simplified outline of this instrument\n\n5  Definitions\n\n6  Exemption\n\n7  Significant risk statement\n\n8  Human Rights Act statement\n\n \n\n1  Name\n\n  This instrument is the Automatic Mutual Recognition (Australian Capital Territory) (Exemptions—Firearms Dealers) Declaration 2022.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 July 2022. 1 July 2022.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 42S of the Mutual Recognition Act 1992 of the Commonwealth.\n\n4  Simplified outline of this instrument\n\nThe purpose of this instrument is to exempt registrations for firearm dealer occupations, or for activities covered by firearm dealer occupations, from the automatic deemed registration provisions of the Mutual Recognition Act 1992 of the Commonwealth until 1 July 2027 because of a significant risk to the health and safety of workers or the public.\n\nThis instrument has effect only in relation to the Australian Capital Territory.\n\n5  Definitions\n\n  In this instrument:\n\nAct means the Mutual Recognition Act 1992 of the Commonwealth.\n\n6  Exemption\n\nFor section 42S(1)(a) of the Act, a registration under the Firearms Act 1996 of the Australian Capital Territory is excluded from the operation of automatic deemed registration in the Australian Capital Territory until 1 July 2027 because of the significant risks set out in section 7.\n\n7  Significant risk statement\n\nFor section 42S(2) of the Act, the exclusion in section 6 is necessary because of the significant risk in the ACT to the health or safety of workers or the public. Gaps and inconsistencies in regulatory requirements across jurisdictions for the carrying on the occupation of firearms dealer have already been identified as an area of exploitation by illicit dealers.\n\nIn 2008, the Australian Institute of Criminology (AIC) conducted a review of both federal and state and territory legislation and found that, while there was general compliance with the law, legislative loopholes or oversights inadvertently facilitated opportunities to divert firearms.\n\nAs part of its 2012 report concerning firearm trafficking, the AIC noted gaps in the law with respect to firearms dealers and that regulation with regard to dealerships and the registration and manufacture of firearms were key areas requiring change including improved scrutiny around sale and disposal records maintained by dealers, and increasing penalties on the wilful entry of false information\n\nFor example, there are inconsistent record-keeping requirements across jurisdictions including what type of, and how, information needs to be recorded, including whether the location of each firearm acquired/disposed/stored needs to be recorded. Record keeping in the ACT is currently paper-based.\n\nUnder automatic mutual recognition, challenges may arise for the ACT regulator to trace firearms dealing by interstate dealers who may operate temporarily in the ACT and this could provide opportunities for illicit activity by dealers.\n\nAn exclusion for five years is necessary because it will enable the ACT to continue to engage with other jurisdictions to address gaps and inconsistencies in regulatory requirements and progress a nationally consistent information exchange scheme. Work is being done at a national level to progress these issues of consistency and information sharing but it is not sufficiently progressed to mitigate the risks to public health or safety.\n\nIt will also enable the ACT to review its existing licencing framework, including firearms manufacture, to ensure it is fit for purpose and addresses the risks identified by the AIC.\n\n \n\n \n\n8  Human Rights Act statement\n\nSection 40B(1) of the Human Rights Act 2004 (ACT) provides that it is unlawful for public authorities to act in a way that is incompatible with a human right or, in making a decision, fail to give proper consideration to a relevant human right. Accordingly, in making this exclusion in section 6, I have considered any relevant human rights that may be impacted as required by s40B. Section 27B(1) of the Human Rights Act 2004 provides that everyone has the right to work, including the right to choose their occupation or profession freely. I am satisfied that the making of the exclusion in section 6 would not be incompatible with the right to work and the right to choose an occupation or profession freely.\n\nWhile the exclusion may limit the right to work, it is important to note that the making of the exclusion does not prevent an individual from carrying on the occupation of a firearms dealer in the ACT. Rather, the making of the exclusion will mean that all individuals who wish to carry on an activity covered by the occupation of firearms dealer in the ACT must meet particular registration requirements set out in ACT law. Upon meeting the relevant registration requirements, individuals would be able to carry on an activity covered by the occupation of firearms dealer in the ACT. The registration requirements are a necessary, proportionate and reasonable measure through which safeguards are provided to protect public health and safety. Any limitation on the right to work is reasonable and justified because the exclusion will allow the ACT to address risks associated with the transitioning to AMR while ensuring there is no diminution in current levels of safeguards in relation to public health and safety. The exclusion will enable the risks to public health and safety to be addressed by working to resolve gaps and inconsistencies in regulatory requirements with other jurisdictions and progress a more robust and reliable information exchange scheme.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the function intended by section 42S of the Mutual Recognition Act 1992 — it creates a temporary, jurisdiction-specific exemption from automatic mutual recognition based on identified public safety risks. The scope has not expanded beyond this specific statutory purpose."},"complexity_factors":["Very short instrument (8 sections, approximately 3 pages)","Only 1 defined term ('Act')","Single, clear exemption with straightforward temporal limitation (until 1 July 2027)","No nested exceptions or complex conditional logic","Minimal cross-referencing (only to specific sections of the Mutual Recognition Act 1992 and Firearms Act 1996)","Plain English explanatory sections (simplified outline, significant risk statement, human rights statement) that aid comprehension despite being legally required"],"plain_english_summary":"This declaration temporarily exempts ACT firearms dealers from the national automatic mutual recognition regime until 1 July 2027. Interstate gun dealers will not be deemed registered in the ACT and must instead apply under the ACT Firearms Act 1996 to operate there.\n\nThe measure aims to protect public safety given differing state rules (like record-keeping) and gives the ACT time to harmonise regulations, improve information‑sharing, and strengthen licensing."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument narrows the practical scope of automatic mutual recognition in the ACT by excluding firearms-dealer registrations from automatic deemed registration until 1 July 2027 (section 6). It preserves ACT-specific licensing and record-keeping obligations and pauses cross-border recognition for that occupation while work on national consistency and information-sharing continues (section 7)."},"complexity_factors":["Narrow, single-issue instrument limited to one occupation (firearms dealers) and one jurisdiction (ACT) (sections 4, 6).","Legal dependence on the Commonwealth Mutual Recognition Act 1992 and its s42S power to make exemptions (section 3).","Temporal limitation and expiry date that requires monitoring and possible renewal or cessation (exemption effective until 1 July 2027) (section 6; commencement table).","Interplay with existing ACT Firearms Act 1996 registration and record-keeping requirements, including operational details like paper-based records cited as a risk (section 6; section 7).","Reliance on external, evolving national work and past Australian Institute of Criminology findings to justify the exemption, creating contingent regulatory change depending on interjurisdictional progress (section 7).","Human-rights balancing recorded under the ACT Human Rights Act, which the instrument addresses as part of its legality (section 8)."],"plain_english_summary":"This declaration suspends automatic mutual recognition for firearms-dealer registrations in the Australian Capital Territory: interstate licences will not be automatically treated as valid in the ACT and holders must meet ACT Firearms Act registration requirements until 1 July 2027. It affects anyone carrying on a firearms-dealer activity in the ACT by preserving ACT licensing, record-keeping and compliance obligations; the stated reason is significant risks to worker and public safety from inconsistent interstate rules and tracing gaps (see sections 6–7)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-firearms-dealers-declaration-20","history":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-firearms-dealers-declaration-20/history","analysis":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-firearms-dealers-declaration-20/analysis","conflicts":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-firearms-dealers-declaration-20/conflicts","importantCases":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-firearms-dealers-declaration-20/important-cases","documents":"/api/acts/automatic-mutual-recognition-australian-capital-territory-exemptions-firearms-dealers-declaration-20/documents"}}