Question:

Consider the following hypothetical legislation and situation:

On 1^st February 2020, the Federal parliament passed the Firearm Restriction (Terrorist Organisations) Bill 2020. In the Second Reading speech to the bill, the Minister for Home Affairs stated:

“This creates very serious offences for people in terrorist and other like organisations. It prohibits the use, ownership or possession of firearms amongst those very dangerous people in our society who would use guns for terrorism and other acts of group violence. This legislation has broad application, so that these offences will apply not only to terrorist organisations, but to any group in our society that seeks to achieve its aims through violence and intimidation. Through these measures, this government seeks to maintain Australia as a peaceful society, and punish those who are a threat to our peace and stability.”

The Act gained Royal Assent on the 14^th February 2020. As passed it read as follows:

Firearm Restriction (Terrorist Organisations) Act 2020

1. Short Title

An Act to prohibit the possession and distribution of weapons amongst Terrorist Organisations

1. Definitions

In this Act the following definitions apply:

‘firearm’ means shot-gun, machine gun, or other weapon.

‘member’ includes people who have a continuous or ongoing association with a group.

‘prohibited group’ means any group established with the intention of furthering political, religious or ideological ideals in a violent or disruptive manner.

1. A member of a prohibited group

Any person who is a member of a group is guilty of an offence.

Penalty $5000 fine and or 2 months imprisonment.

1. Funding activities of a prohibited group

Any person who has any role in funding the activities of a prohibited group is guilty of an offence.

Penalty $5000 fine and/or up to 6 months imprisonment.

1. Possession of firearms by prohibited groups

Any member of a prohibited group who owns, possesses, or uses a firearm in any circumstances whatsoever is guilty of an offence.

Penalty $10000 fine and/or up to 1 year imprisonment.

1. Confiscation of firearms by police is authorised

A police officer who discovers a firearm in possession of a member of a prohibited group may confiscate and destroy that firearm.

1. Obstruction of police officer

Any person who obstructs a police officer in the exercise of his or her duty under s6 is guilty of an offence.

Penalty $5000 fine and/or up to 2 months imprisonment.

The post LWZ115 Legal Process appeared first on My Assignment Online.