Gun Buy Back Scheme - The Australian National Audit Office

3 23 The ANAO raised the issue of whether advances to the States had
been made with appropriate legislative authority. Both the
Attorney-General's Department and the ANAO subsequently
sought legal advice on whether advances to the States in relation
to the payment of compensation for non-qualifying firearms
constituted a breach of the legislation. The legal advice indicated
that the advances were made with appropriate legislative authority.
3 24 The Attorney-General's Department officers responsible for
authorising these payments were not aware that OLEC had
advised the States that the Commonwealth would reimburse
compensation paid for already-prohibited firearms. Although
continued authorisation of such payments to the States was not in
breach of the 1996 Act, the ANAO considers that the Attorney-
General's Department officers’ lack of knowledge of OLEC’s policy
decision affecting the scheme indicates an evident weakness in the
management control framework.
3 25 The ANAO further noted that, even when senior officials within the
Attorney-General's Department became aware of the legislative
issues, their advice to the Attorney-General in a brief on the issue
of aircraft cannon in the Northern Territory was not as
comprehensive as it might have been. The brief suggested that
the purchase of cannon by the NT Police was made without
apparent clearance by the Commonwealth. It did not mention that
OLEC had provided advice to the States in late 1996 and early
1997 that the Commonwealth would reimburse compensation paid
for all prohibited firearms.
Alternative policy options
3 26 The ANAO found no evidence that OLEC had considered any other
options in relation to surrenders of already-prohibited weapons.
For example, one option could have been to extend only the
amnesty element of the National Firearms Agreement, rather than
the totality of the compensation scheme, to these weapons, as was
the policy applied to non-prohibited firearms which were
surrendered.
3 27 This policy was adopted in South Australia and Western Australia
where compensation was only paid for weapons which were
prohibited as a result of the APMC decision and not for weapons
which were already prohibited under existing State legislation.
Clearly this was a policy option which could have been put to the
Government.
The Gun Buy-Back Scheme 45