New gun control laws in Queensland

The Community Safety Bill 2024 passed last week, introducing a new Firearms Prohibition Order (FPO) Scheme in Queensland.

Under the scheme, a police officer may issue a FPO against a “high-risk individual” for up to 60 days, without obtaining a Court approval, if “satisfied it is in the public interest” to do so.

Who exactly is a ‘high-risk individual’?

The bill doesn’t say.

Another concern is the use of the broad ‘public interest’ term, as the only ‘test’ for issuing an FPO.

Particularly since a FPO could have a devastating impact on those, especially farmers, whose jobs and livelihoods depend on the holding of a gun licence.

Which is why FPOs, should ONLY be issued on notice, and by a Court.

According to Minister Ryan, the new laws are needed to stop the “illicit use of firearms in Australia”.

What isn’t mentioned is that firearms use is already heavily regulated in Australia.

In fact, according to QCCL, incidents of firearm misuse are now so low that the ABS has to include random numbers in the data they report, to avoid identifying individuals.

Here in Queensland, firearms are more than adequately regulated under the State’s Weapons Act and other legislation.

While a person may appeal a FPO, the delay and costs involved in making such an Appeal, would be prohibitive.

Moreover, the bill’s “confidentiality provisions” will make many FPOs almost impossible to dispute or defend in court.

As the Notes state: “an individual’s right to natural justice, specifically procedural fairness, is impacted by the confidentiality provisions … relating to applications or proceedings involving FPOs under the new Section 141 ZT”.

An individual may therefore have no way of knowing what they are being accused of, or by whom.

The bill also provides police with extraordinary new, warrantless ‘stop and search’ powers, which allows them to stop, detain and search anyone subject to a FPO, as well as their vehicle and “relevant premises”, to ensure compliance with a FPO.

Under Section 141C, a FPO can be issued against someone simply for being ‘associated’ with a “recognised offender”.

The bill provides no definition of what a “recognised offender” is exactly, or how they may be identified.

The bill does say that a person is deemed an “associate” of someone, if they have a “romantic or familial relationship” with them, or if they “associate” with that person: “in a way that involves seeking out or accepting their company, whether the association happens in person or … electronically”.

Similar laws in other states, have caused significant controversy, due to their regular misuse by police.

In 2016 the NSW Ombudsman published a review of the Firearms Act, which found that a third of all FPO searches had exceeded the limits of police search powers under the Act.

Claims by Minister Ryan that ‘accountability measures’ have been included to ensure this doesn’t happen in Queensland, are dubious at best.

It’s not about firearms.

No – it is quite a bit more sinister than firearm control.