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Australia. 2016 ‘Diversion Methods: Legislative Loopholes.’ Illicit Firearms in Australia, p. 9. Canberra: Australian Criminal Intelligence Commission. 21 October

Relevant contents

Figure 1: Diversion Methods: How Firearms Enter the Illicit Market

Legislative Loopholes

A substantial number of handguns entered the illicit firearms pool through regulatory loopholes in the legislation around deactivated firearms, some of which still exist.(4)

It is estimated more than 5,000 handguns have entered the illicit market in this way. Issues around deactivation are not limited to a single jurisdiction. The ACIC's FTP has identified a number of previously deactivated firearms that have been reactivated. The most significant loophole relating to deactivation was in Queensland's firearms legislation, which was subsequently changed in 2000.

Footnote
4) Legislation in South Australia and Western Australia contained some potential loopholes relating to accountability for deactivated or inoperable firearms. Legislation addressing the South Australian loophole is currently before the South Australian Parliament. The Law Reform Commission of Western Australia will consider potential loopholes in that state's firearms legislation. Firearms allegedly deactivated while loopholes existed in some jurisdictions have been identified in several ACIC firearm traces.

[FTP = National Firearm Trace Program]

ID: Q13168

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