First Reading
Bill introduced on motion by Mr Anoulack Chanthivong, read a first time and printed.
Second Reading Speech
Mr ANOULACK CHANTHIVONG (Macquarie Fields—Minister for Better Regulation and Fair Trading, Minister for Industry and Trade, Minister for Innovation, Science and Technology, Minister for Building, and Minister for Corrections) (10:41):
I move:
That this bill be now read a second time.
The Government is pleased to introduce the Paintball Amendment Bill 2023. Paintball is enjoyed recreationally and competitively by thousands of people in New South Wales and, indeed, around the country, with nearly 2,900 paintball marker permits and 45 venue permits as of 31 August 2023. The Paintball Act 2018 sets out a modern permit system and regulatory framework for paintball markers and paintball activities. The Act removes red tape for paintball businesses and makes it easier for the people of New South Wales to play paintball in a safe and controlled environment. The bill proposes a number of amendments to the Act. Most of the amendments are based on the statutory review of the Act, which was completed in 2022.
The amendments will clarify the Act's operation and improve consumer and public safety, while balancing the needs of New South Wales paintball venue operators. Some of the key amendments include strengthening the requirements for when a paintball marker permit holder wants to use their own marker at a licensed venue, strengthening the requirements for transporting paintball markers, allowing for the use of paintball markers outside of authorised venues where it is appropriate and in the public interest, and introducing requirements on interstate paintball marker suppliers to level the playing field for New South Wales suppliers. For example, interstate suppliers will be required to sell paintball markers in New South Wales only through authorised New South Wales suppliers.
I now turn to the specific amendments in the bill, and first to the amendments in the bill which will enhance the safety provisions within the Act. The Government is committed to ensuring the safety and security of those participating in the sport of paintball, as well as the venues that house paintball activities. Through the amendments that will enhance safety, the Government is demonstrating that consumer and public safety is, and continues to be, its primary consideration. Central to the safety of the sport of paintball is the permit system established under the Act. Currently, though, permit holders are not required to show or display their permits. During consultation on the statutory review, stakeholders raised concerns about venue operators being unable to verify consumers' paintball marker permits where consumers wanted to use their own markers. Noting those concerns, the bill proposes new sections 41B and 36B.
New section 41B requires the holder of a paintball marker permit to show their permit before entering an authorised venue if they wish to use their own marker. New section 36B requires venues to not allow a person to use their own markers at the venue unless that person has shown their paintball marker permit to the venue operator or their employee. A maximum penalty of up to 200 penalty units, or about $22,000, is proposed for a venue permit holder who does not sight the permit of a person who wishes to use their own paintball marker at the venue, to ensure compliance with the Act and enhance consumer and public safety. New sections 41B and 36B will jointly serve to make sure that a person who wants to use their own paintball marker has the proper permit. They will also ensure that the owner of the paintball marker knows how to use markers safely and responsibly, since they must have completed the required NSW Paintball Marker Safety Training course to apply for a permit.
Concerns have also been raised that consumers were unable to check the credentials of paintball venues. This has potential risks to consumer safety, particularly when parents and guardians take their kids to play paintball. They want to be able to choose a safe venue for their kids. In response to this, the bill proposes to insert section 36A into the Act. Proposed section 36A will require venue operators to clearly display their paintball venue permit or permit number and registered business name at the paintball venue and on their website or social media platform. A maximum penalty of up to 20 penalty units, or $2,200, is proposed for a venue permit holder who fails to display their permit at their venue or on their website or social media platform. This new requirement will improve consumer safety and awareness. Consumers will be able to easily verify a paintball venue's credentials before participating in activities at the venue.
Part 4 of the Act outlines the conditions of every permit, including the requirements for storage and transportation of paintball markers. The current requirements for transporting a paintball marker are much weaker when compared to the requirements for storing a paintball marker. The Act currently provides that paintball markers must be transported in an inoperable state, such as by having the gas canister removed, and must be in a secure bag or container that conceals the paintball marker and does not indicate that it contains a paintball marker. Given the risks involved in transporting paintball markers, the bill proposes to amend section 34 of the Act to require a paintball marker to be transported in a bag or container that is locked, is not able to be readily accessed by an unauthorised person, conceals the paintball marker, and does not indicate that the bag or container contains a paintball marker. These more stringent requirements will ensure that the transport of paintball markers is done as safely as possible with minimum risk to the public.
The bill also seeks to clarify the number of paintball markers a paintball marker permit holder can purchase and possess. The statutory review of the Act found that there is ambiguity about whether paintball marker permit holders and international paintball competitor permit holders could purchase multiple paintball markers under the one permit. The Act currently allows for the purchase and possession of a paintball marker. The original intent of the Act when it was introduced in 2018 was for operators and individuals to only need one permit, regardless of the number of markers they own. This approach reduces the administrative burden, fees and charges for individuals wanting to participate in the recreational sport, as they will only need to apply and pay for one permit. To clarify this provision, the bill proposes to amend section 12 of the Act to specifically allow the holder of a paintball marker permit to purchase and possess one or more paintball markers under a single permit.
Similarly, the bill will amend section 13 of the Act to allow the holder of an international paintball competitor permit to have more than one paintball marker under a single permit. These amendments will clarify the operation of the Act and cut down administrative burden for paintball marker permit holders. However, the obligation under part 7 of the Act to register each paintball marker remains. This means that the serial number of each paintball marker must still be notified and recorded on the register of paintball markers to ensure it can be tracked. The register is an important public safety measure. Further, the bill will introduce greater flexibility into the Act. It will introduce new amendments to provide flexibility by allowing for the use of paintball markers in activities other than the sport of paintball.
The Act currently prohibits the use and possession of paintball markers outside authorised paintball venues. Significant penalties apply for breaches, including two years' imprisonment, penalties of up to $55,000, or both. Limiting the use of paintball markers to authorised paintball venues was designed to ensure the safe use of paintball markers. It ensured that people who were participating in the sport of paintball were appropriately equipped and supervised. However, these provisions have inadvertently prohibited certain activities that are for the public good. The statutory review received seven submissions from the special effects industry, advocating for the use of paintball markers for TV and film, each advising that paintball markers are safer to use than other alternatives such as pyrotechnics.
Prior to the introduction of the Act, individuals in the film and television industry were able to use paintball markers for special effects. I also understand that researchers at the University of New South Wales have been conducting research on safety equipment in paintball games and using paintball markers in a laboratory environment. This is clearly a genuine use of paintball markers that serves the public good and presents very little risk to public safety. It is apparent that the Act has limited the use of paintball markers in ways that were not intended.
Through this bill, the Government is demonstrating its commitment to providing commonsense and flexible laws that continue to uphold public safety. To enable the Act to allow for the use of paintball markers outside an authorised venue, the bill proposes to amend section 5 to give the secretary the power to authorise the use of paintball markers at a place other than an authorised paintball game venue. This amendment will mean that paintball markers can be approved for use in appropriate circumstances—that is, for the public good and in low‑risk settings.
To ensure there are limits and appropriate safeguards on the secretary's authorisation power, the bill inserts new section 5 (3) into the Act to allow for the Paintball Regulation to prescribe certain matters in relation to applications for the secretary's authorisation. The regulation may prescribe the following matters in relation to applications for authorisations: the process for making an application; the approved application forms; application fees, including the reduction, postponement, waiver or refund of fees; the considerations the secretary must take into account when deciding whether or not to approve an application; and the process for applications to the Civil and Administrative Tribunal for an administrative review of an application. These amendments will ensure the Act is flexible, while still safeguarding consumers and ensuring the public good.
The bill will continue to ensure a level playing field between New South Wales and interstate paintball marker suppliers while strengthening the Act to ensure consumer and public safety. Part 2 of the Act outlines key offences, one of which is the unauthorised supply of paintball markers. It is an offence to supply a paintball marker unless the supplier is either an "authorised supplier" or a paintball marker permit holder supplying a paintball marker to an "authorised supplier".
To sell paintball markers to consumers in New South Wales, an authorised supplier is required to hold a paintball venue permit, firearms dealer licence or weapons dealer permit. Part 7 of the Act requires an authorised supplier to notify the department if it supplies or is supplied with a paintball marker to enable that information to be recorded on the register of paintball markers. This ensures that all paintball markers sold in New South Wales can be tracked to assist with compliance, investigation and enforcement activity. However, the current Act contains gaps in these critical provisions, which the bill will close.
The Act does not currently apply to suppliers in jurisdictions outside of New South Wales. This has created a regulatory gap whereby New South Wales consumers can purchase paintball markers from interstate suppliers that are not vetted or approved, and those suppliers are not required to notify the department when they sell a paintball marker to a consumer in New South Wales. This poses a significant safety and regulatory risk. To close this regulatory gap, the bill proposes two amendments: an amendment to section 9 of the Act, which will recognise interstate paintball marker suppliers that hold equivalent licences or permits in their own State or Territory under the New South Wales regulatory regime and allow those suppliers to supply paintball markers to New South Wales consumers via an authorised New South Wales supplier; and the insertion of a new provision, section 82, which will allow for the Act to have extraterritorial application to support the recognition of equivalent interstate authorisations.
It is worth highlighting the significance of the requirement for interstate suppliers to supply only via an authorised supplier in New South Wales. This measure will enhance consumer and public safety, as only suppliers who have already been assessed in their own jurisdiction as fit to sell firearms can sell paintball markers into New South Wales. Authorised New South Wales suppliers will be required to notify the department of any supply, receipt or disposal transactions regarding paintball markers from interstate suppliers. Relevant details of these transactions will be recorded on the paintball register, ensuring the integrity of the tracking system for paintball markers, which is a key public and consumer safety measure. These proposed amendments stem from feedback from industry stakeholders during the consultation process. Industry representatives reported that other Australian States and Territories' firearms laws require paintball markers to be supplied interstate between licensed dealers.
The bill will ensure that interstate suppliers are subject to the same requirements as New South Wales based authorised suppliers that supply to other States and Territories. The bill will level the playing field and make it fairer for New South Wales suppliers when competing with interstate suppliers. While I understand that extending the notification requirements to interstate transactions may impose a small administrative burden on authorised New South Wales suppliers, that is thoroughly outweighed by the importance of ensuring all paintball markers sold into New South Wales are appropriately registered, recorded and tracked. As I have said before, consumer and public safety is this Government's highest priority.
The bill will also insert two clarifying provisions in relation to imitation firearms and the use of paintball markers. Following the commencement of the Act in 2019, paintball markers were no longer classified as firearms under the Firearms Act 1996. This change was made on the basis that paintball markers, by design, are sporting devices that are non-penetrative, non-lethal weapons used in lower risk activities. However, in some cases, the appearance of paintball markers can substantially duplicate a firearm. In this instance, the paintball marker may also be classified as an "imitation firearm" under the Firearms Act 1996.
An imitation firearm permit is required to possess or use an imitation firearm, including a paintball marker, which falls within the definition of an "imitation firearm" under the Firearms Act 1996. In those cases, paintball owners require both an imitation firearm permit and a paintball marker permit. An imitation firearm permit can only be issued if the Commissioner of Police is satisfied that an applicant has a legitimate reason for possessing or using an imitation firearm. This is the law as it currently stands. To ensure that this is clear, the bill inserts a legislative note at the end of the definition of a paintball marker that states that a paintball marker may also be an imitation firearm and, if that is the case, a person will be required to hold a paintball marker permit under the Act and an imitation firearm permit under the Firearms Act.
Noting that paintball markers may be used in ways not authorised by the Act, the bill also inserts a legislative note at the end of section 5 to confirm the effect of section 4 (7A) of the Crimes Act 1900. The note clarifies that if a paintball marker is used to commit an offence, the paintball marker will be treated as a firearm for the purposes of the Crimes Act. Making a clearer link between the Act and the Crimes Act both confirms the current legal obligations on people that use paintball markers and provides assurance to the public that there are sufficient controls in place to address the misuse of paintball markers. The proposed clarifying provisions reinforce that the Act is a regulatory tool for a low-risk recreational sport, but highlights that the design and use of paintball markers may invoke the provisions of the Firearms Act and the Crimes Act under certain circumstances.
The bill before the House proposes amendments to the Paintball Act 2018 that have been the subject of extensive targeted and public consultation. The amendments reflect current community attitudes and expectations on the regulation of paintball markers and paintball venues and activities. I thank the stakeholders consulted in the drafting of the bill, including the NSW Police Force, the Department of Communities and Justice, the Premier's Department and the Cabinet Office, paintball businesses, members of the paintball industry and the wider public. The bill upholds consumer safety and prioritises public good, and clarifies the legislation in important ways. I commend the bill to the House.
Debate adjourned.
