Debate resumed from an earlier hour.
Mr CLAYTON BARR (Cessnock) (14:32): I support the Paintball Amendment Bill 2023. Today is a significant day in the history of this new term of Parliament because two Opposition members contributed to debate on the bill, instead of just one. A second Opposition member decided to put their shoulder to the wheel and do some work today, which makes perfect sense. I recognise the old school member for Kellyville, who has been in this place for quite some time. He knows what it means to do work. Having said that, I was happily surprised by his extensive knowledge of paintball and the way the industry works. His knowledge potentially is superseded only by the Minister himself. When the Minister made his second reading speech, I was stunned by his depth of knowledge of paintball and the industry. In some ways, it makes perfect sense that the Minister for Better Regulation and Fair Trading brought this amendment bill before the House, and I commend him for it.
It is critical that our laws are consistently updated to meet the needs of our constantly changing world. Further, laws need to be flexible to serve the needs of the people of New South Wales. All members understand that, and it is an important part of our work in this House. I welcome the flexibility that the bill seeks to bring by providing the secretary of the department with the power to authorise the use of a paintball marker outside of an authorised paintball venue, under certain circumstances. Historically, paintball markers have been used inside licensed, registered and insured venues, but there are instances where they may have a use outside those venues. I will speak to those situations in a moment.
The Paintball Act was originally designed to limit the use of paintball markers to authorised paintball venues only. That was to achieve the admirable goal of ensuring that the sport of paintball is conducted in a safe and controlled environment. However, that approach means that the use of paintball markers outside of playing the sport at an authorised venue is currently not allowed. The bill seeks to change that. In the past, paintball markers have been used for research purposes, such as research into paintball safety equipment. Paintball markers have also played a key role in television and movie special effects. Those are two terrific examples of why the Act must be more accommodating of certain uses of paintball markers outside of a game of paintball at a venue.
Section 5 of the bill will give the secretary the power to authorise the use of paintball markers at a place other than an authorised paintball venue. It also provides that the Paintball Regulation may set out the details about applications for authorisations. The details about those aspects of the Paintball Regulation will be worked out in close consultation with key industry stakeholders and the public as part of the regulation remake process. That is what we should expect from a government.
The regulation will ensure that there are appropriate limits on the secretary's authorisation power. The public will be able to rest assured that authorisation will only be given where it is justified and does not compromise consumer safety. Nobody should be under the impression that we will suddenly see paintball markers wandering the streets of our communities. I commend the Government for proposing that the Act be amended to provide for the use of paintball markers in activities that are in the public interest. I have no doubt that this will only serve to benefit the community. I support this commonsense approach to regulating the use of paintball markers, and look forward to seeing this come to fruition in the future. I commend the bill to the House.
Mr PHILIP DONATO (Orange) (14:37): I make a brief contribution to debate on the Paintball Amendment Bill 2023. It will be a relatively short contribution about a specific issue. From the outset, I support the bill and I have indicated my support to the Minister. But one issue has been brought to my attention. Today in their contributions I heard members mention this issue and I have spoken about it with Mike Whybrew, who is the head of the Paintball Association and runs a paintball business on the north-western outskirts of Sydney. There are paintball operations near Parkes in my electorate, and I have participated in paintball in the past. It is quite an enjoyable activity. Many years ago when I was in the Police Force we had a paintball team building exercise. There is nothing like getting a group of people together and playing paintball. It is a lot of fun. Now the police use paintball-style Simunition handguns for training. It has certainly extended well beyond the average game of paintball.
My concern with the bill, which also was raised by Mike Whybrew, is about the transport of paintball markers, which is contained within section 34. I understand the public safety policy around the proposal for paintball markers to be transported in a certain way. Under new section 34 (1) (b) the bill indicates those requirements are:
(b)in a bag or container that—
(i)is locked, and
(ii)is not able to be readily accessed by an unauthorised person, and
(iii)conceals the paintball marker, and
(iv)does not indicate that the bag or container contains a paintball marker.
Under the present regime, the requirement is that paintball markers need to be carried in a safe manner, such as in a concealed bag in the car. Under the present law there is no requirement for that container or bag to be locked. That has caused some concern amongst those in the industry. I have asked the Minister to perhaps clarify this specific issue in his address in response. The parliamentary amendment legislative briefing note, which was kindly presented by the Minister's office, indicates:
requiring markers to be transported in a bag or container that is locked, not able to be readily accessed by an unauthorised person.
That supersedes even the firearms legislation regarding the requirements for transporting firearms, which are no doubt objectively more stringent and rightly so. Clause 149 of the Firearms Regulation 2017 titled, "Requirements for non-commercial transportation of Category A and B firearms"—which is the majority of firearms—requires that:
(1)A person who transports a firearm to which a category A or category B licence applies and that the person possesses under the authority of a category A, category B or firearms collector licence must convey the firearm in accordance with the following requirements—
(a)the firearm must be conveyed in a manner that ensures compliance with section 39 of the Act,
(b)the firearm must not be loaded with any ammunition while it is being conveyed,
(c)while the firearm is being conveyed in a vehicle it must not be visible from outside the vehicle.
There is no issue relating to those conditions that are outlined in clause 149 of the regulation, but there is nothing about requiring the container or the bag to be locked. I know from my personal experience that bags carrying long arms—and I am assuming paintball markers—are generally not bags that can be locked up. They are not like a luggage bag, which has two zippers that can be connected, locked and secured. They are generally a one-zipper bag and it is very difficult to lock that bag. With the interpretation of clause 148 of the Firearms Regulation, which talks about prohibited firearms and pistols, that requires a locked container and it must be properly secured. There are good reasons for that.
For the sake of having consistent laws, some concerns were raised within the industry about paintball markers. I am not sure if it was brought up during the stakeholder engagement, but a specific issue was raised about transporting a paintball marker in a locked vehicle. If the locked bag is being transported in a locked vehicle, there could be a legal argument at court at a later stage that the vehicle could potentially be defined as a vessel or a container of that paintball marker. It is open to interpretation. I place on record those concerns raised by the industry because the Minister should address them in his response to the second reading debate to provide some clarity around the issue. I believe it has been raised before, so it should not come as a surprise to the Minister or the Minister's staff. Other than that, I do not have any other issues with the bill. I commend the bill to the House.
Ms DONNA DAVIS (Parramatta) (14:43): I speak in support of the Paintball Amendment Bill 2023. I welcome the findings and recommendations of the review carried out in 2022, which found the Act could be improved to clarify ambiguities, improve consumer safety and establish a level playing field for New South Wales and interstate paintball marker suppliers. I congratulate the Minister for Better Regulation and Fair Trading on introducing the bill to the House and on taking action on this important issue.
Paintball is a sport enjoyed by many New South Wales residents, with 44 paintball businesses across the State and 45 active paintball venue permits, as well as 2,876 active paintball marker permits. That is a clear indication that paintball as a sport has broad appeal and that there is a dedicated market for the industry, ranging from amateur players to recreational enthusiasts, all the way to professional competitive players. I was speaking with my parliamentary colleagues earlier about how we probably are not enthusiasts like others in the Chamber.
Mr Paul Scully: You are missing out.
Ms DONNA DAVIS: Some of us do not like getting hurt. It is not necessarily our bailiwick, but we acknowledge that it is something that other people really enjoy. Since the introduction of the Act in July 2019, over 3,163 applications have been made for a paintball marker permit. In that time, NSW Fair Trading also received 39 permit applications for international competitors to play paintball in New South Wales. On average, it takes NSW Fair Trading just one day to turn around applications for a paintball marker permit, which is impressive. However, significant safety risks occur if markers are not maintained properly, not outfitted correctly or not safely augmented, and that can cause significant injury. That being said, that is not the norm and the majority of games are executed safely.
Today's bill will ensure that, regardless of skill or regularity, New South Wales residents can participate in this sport with greater safety and confidence that the industry is well regulated. The amendments put forward in the bill will ensure that anyone seeking to run a paintball venue, own or sell paintball markers will have clearer and more comprehensive regulations and frameworks within which to do so. That will streamline the expectations for them, preventing accidental breaches and at the same time will ensure the safety of all players.
To improve consumer and public safety, the bill proposes a number of amendments, including requiring the holder of a paintball marker permit to show their permit prior to entering a paintball venue if they wish to use their own marker; requiring a paintball venue to sight the permit of a paintball marker owner who wants to use their own marker at the venue; applying penalties to venue operators for failing to sight permits; and requiring venue operators to clearly display their venue permit or permit number and registered business name at the venue, on their website or social media platform. The bill also proposes penalties to apply if venues fail to display this information and strengthening the safeguards for when a paintball marker is transported.
The bill makes the law regarding paintball more flexible such as, when appropriate, allowing for the use of paintball markers in activities other than the sport of paintball. At the same time, the bill strengthens consequences for the misuse of paintball markers by introducing wording confirming that a paintball marker may also be "an imitation firearm". In that case, an imitation firearm permit under the Firearms Act 1996 would be required in addition to a paintball marker permit. The bill also inserts notes to confirm that if paintball markers are used to commit an offence they will be treated as firearms for the purposes of the Crimes Act 1900. Those amendments will be welcomed by the broader community and stakeholders.
Industry stakeholders and paintball operators have been closely consulted, and stakeholders are supportive of the bill. Those commonsense solutions are in everyone's best interests—consumers and providers alike. The priority of the Minns Government will always be safety. The bill prioritises safety in a practical way, which will not adversely impact the industry, allowing thousands of residents and visitors to New South Wales to continue enjoying the sport of paintball. I commend the bill to the House.
Mrs SALLY QUINNELL (Camden) (14:49): I speak in debate on the Paintball Amendment Bill 2023, which seeks to amend the Paintball Act 2018 to make amendments resulting from a review of that Act. The Paintball Act 2018 sets out a modern permit system and regulatory framework for paintball markers and paintball activities. Most of the amendments in the bill are based on the statutory review of the Act, which was completed in 2022. During consultation in 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.
I will go into the detail of those sections. 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. That gives paintball venue operators the power to allow or disallow people who come into the venue to participate in paintball with their own markers if they cannot show that they own a permit for those markers. The power is important since those venue operators take out insurance on that. 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 that marker safely and responsibly, since they must complete the required NSW Paintball Marker Safety Training course to apply for a permit.
I now turn to consumers knowing that paintball venues are safely operated. Concerns were also raised that consumers were unable to check the credentials of paintball venues. 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. That allows people who have taken their children to paintball—like me—to know that the venue that their children are going to is registered and has gone through the required levels of checks and balances, and that it is a safe place for children to experience paintball.
The current requirements for transporting a paintball marker are much weaker than the requirements for storing a paintball marker, which makes no sense. The safety requirements should be more stringent for transporting a marker than for storing it. Given the risks involved in transporting paintball markers, the bill proposes to amend section 34 of the Act to require that a paintball marker be transported in a bag or container that is locked and not able to be readily accessed by an unauthorised person. The bag or container needs to conceal the paintball marker and not indicate that it contains a paintball marker.
The bill also seeks to clarify the number of paintball markers a paintball marker permit holder can purchase and possess. 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. To clarify that 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.
However, the obligation under part 7 of the Act to register each paintball marker remains. That means that the serial number of each paintball marker must still be notified and recorded on the register of paintball markers to ensure that it can be tracked. The register is an important public safety measure. The bill before the House proposes amendments to the Paintball Act 2018 that have been the subject of extensive, targeted and public consultation. The bill upholds consumer safety, prioritises public good and clarifies the legislation in important ways. I commend the bill to the House.
Ms LIZA BUTLER (South Coast) (14:54): I support the Paintball Amendment Bill 2023. Paintball is a sport that is enjoyed recreationally and competitively by thousands of people in New South Wales. In fact, there are 41 paintball businesses across New South Wales holding 45 active paintball venue permits. Two of those businesses are located in the electorate of South Coast, with one in Nowra and the other in Ulladulla. The member for Orange gave me the great idea earlier to attend one of those businesses in my electorate for a staff development and bonding day. The Minns Government is committed to ensuring the safety and security of those participating in paintball as well as the venues that house paintball activities.
As of 31 August 2023, there are 2,876 active paintball marker permits registered in New South Wales. Since the introduction of the Act in July 2019, over 3,163 applications have been made for a paintball marker permit. The current Paintball Act sets out a modern permit system and regulatory framework for paintball markers and paintball activities. When the Act was introduced, it removed red tape for paintball businesses and made it easier for people in New South Wales to play paintball in a safe and controlled environment. Following a review of the Paintball Act, the bill proposes amendments that will clarify the Act's operation and improve consumer and public safety while balancing the needs of New South Wales paintball venue operators.
To improve consumer and public safety, the bill proposes a number of amendments including requiring the holder of a paintball marker permit to show their permit prior to entering a paintball venue if they wish to use their own marker, requiring a venue to sight the permit of a paintball marker owner who wants to use their own marker at the venue, introducing penalties on venue operators for failing to sight permits, and requiring venue operators to clearly display their venue permit or permit number and registered business name at the venue and on their website or social media platform. Through the enhanced safety amendments in the bill, the Government is demonstrating that consumer and public safety is, and continues to be, our primary consideration.
The bill also seeks to clarify the operation of the Act for paintball marker permit holders and international competitors. The original intention was to allow people to have more than one paintball marker if they had the required permit, as opposed to permit holders having to obtain a new permit for each subsequent marker they purchased. But the Act contains some ambiguities. The proposed amendments to sections 12 and 13 of the Act will allow the holder of a paintball marker permit or international paintball permit to purchase and possess one or more paintball markers under a single permit.
The bill also inserts notes to confirm that a paintball marker may also be an imitation firearm and, in that case, an imitation firearm permit under the Firearms Act 1996 would be required in addition to a paintball marker permit, and that, if paintball markers are used to commit an offence, they will be treated as firearms for the purposes of the Crimes Act 1900. The Minns Government is demonstrating its commitment to providing commonsense and flexible laws that continue to uphold public safety. The bill introduces new amendments to provide flexibility in the Act. The bill will allow for the use of paintball markers in activities other than the sport of paintball in appropriate circumstances and will allow the secretary to have the power to authorise the use of paintball markers at a place other than an authorised paintball venue.
Authorisations will only be given where it is appropriate for the public good and in low-risk settings. To ensure that there are appropriate safeguards on this authorisation power, the bill also inserts new section 5 [3] into the Act to allow the Paintball Regulation 2019 to prescribe matters in relation to applications for the secretary's authorisation. The Minns Government is committed to supporting consumers and businesses and to enhancing public safety. The bill proposes amendments that have been the subject of public and targeted consultation with key industry stakeholders. The amendments enhance safety provisions, clarify the operation of the Act and introduce flexibility into the Act, while creating an even playing field for New South Wales and interstate paintball marker suppliers. The bill demonstrates the Government's continued commitment to modern laws that are fit for purpose and improve customer safety. I commend the bill to the House.
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) (15:00): In reply: I thank all members who made contributions to debate on the Paintball Amendment Bill 2023, particularly members representing the electorates of Willoughby, Mount Druitt, Kellyville, Parramatta, South Coast, Camden, Cessnock and Orange. An important role of government is to ensure that legislation remains up to date and fit for purpose. Laws should provide a balance between protecting consumers and allowing industry to innovate and grow. In 2020 to the statutory review of the Paintball Act found that it was operating as intended and meeting its objectives; however, further improvements were identified.
The bill makes a number of amendments to the Act, most of which are based on the statutory review. Considerable targeted and public consultation was completed during the development of the bill, and feedback guided the final bill. Industry stakeholders gave their support to the bill. The bill will enhance safety provisions, clarify ambiguities in the Act, introduce flexibility into the Act and create an even playing field for New South Wales and interstate paintball marker suppliers. The bill reflects current community attitudes and expectations on the regulation of paintball markers and paintball venues and activities. I find it a little strange that the shadow Minister gave credit to the Opposition for the bill when, of course, the Government brought the bill before the House. Nonetheless, I welcome the support of the Opposition, as detailed by the member for Kellyville and shadow Minister.
I welcome also the contribution from the member for Orange. The member and I had a fruitful conversation about the practicalities of locking paintball marker bags during transportation, as is required under the bill. I have had similar discussions with my colleagues in the other place, and I am aware that amendments may be proposed to amend the section of the bill that relates to the transport of paintball markers. Government members are always very happy to have those conversations with our colleagues from this House and the other place. The Government will always look to enact measured and practical legislation.
The member for Orange asked whether a locked vehicle would satisfy the requirements of the proposed amendment to section 34. I have received advice from compliance and enforcement authorities officers at NSW Fair Trading that they would consider that to be compliant with the new requirements. The department will also provide guidance to the public on how to comply with the new requirements, as is the normal practice. As I mentioned in my second reading speech, paintball is indeed a popular sport across New South Wales. From those who occasionally partake to celebrate milestones or have fun with friends, to those who compete regularly, paintball is enjoyed by thousands of people across the State.
The bill demonstrates this Government's continued commitment to meet the needs of industry, ensure consumer safety and provide modern laws that are fit for purpose. I thank officers of NSW Fair Trading who supported the development of the bill, including in consultation with various stakeholders. I thank Warren McAllister, Sarah Low, Jerson Balaton, Elizabeth Tunnecliff and Jenna Dries for their work and commitment to ensuring that the laws governing the paintball industry are well balanced and protect consumers. I thank also the paintball enthusiasts and venue operators who contributed to the statutory review and subsequent consultation on the bill. Their willingness to engage with the department and advocate on behalf of the industry was appreciated. I commend the bill to the House.
The DEPUTY SPEAKER: The question is that this bill be now read a second time.
Motion agreed to.
Third Reading
Mr ANOULACK CHANTHIVONG: I move:
That this bill be now read a third time.
Motion agreed to.
