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Open-ended Meeting of Governmental Experts

PoA Implementation Kit





Brokering Control












 
 

Australia
 

 
   
 
2016 : English
2014 : English
2012 : English
2010 : English
2009 : English
2008 : English
2007 : English
2006 : English
2005 : English
2004 : English
2003 : English
2002 : English
 
 
2008 SC Open Debate (page#14-15) :
English
2008 - 3rd BMS :
English
2001 Conference :
2001 Conference (second statement) :
English
2005 - 2nd BMS :
English
2006 Review Conference/ Prep com :
English
 
     
   
 
     
 
10/07/03 : REGIONAL GROUPS, INCLUDING FROM AFRICA, EXPLORE DELAYS IN AND SOLUTIONS TO IMPLEMENTING SMALL ARMS ACTION PLAN, IN BIENNIAL MEETING OF STATES.
11/07/03 : SUMMARY OF THE ILLICIT SMALL ARMS TRADE MEETING.(11/07/2003)
11/07/05 : MEETING TO ASSESS 2001 ACTION PROGRAMME AIMED AT COMBATING ILLICIT SMALL ARMS TRADE OPENS AT HEADQUARTERS.
20/03/06 : SECURITY COUNCIL DEBATES GLOBAL PROGRESS AGAINST ILLICIT SMALL ARMS TRADE; STRENGTHENED ARMS EMBARGOES, BROKERING REGULATION AMONG ISSUES RAISED.
 
 
     
   

   
 
     
 
   
   
   
   
   
 
 
     
 
Collection and destruction
  - 642,000 long firearms were surrendered, destroyed and the owners compensated under a ‘buyback’ scheme funded by the Australian Government following the National Firearms Agreement 1996 - Almost 69,000 handguns were surrendered and destroyed and their owners compensated under a ‘buyback’ scheme in 2003 funded by the Australian and State and Territory governments, following the National Handgun Agreement 2002. (National Report, 2008)
Public awareness
  - The ‘buyback’ of automatic and semi-automatic long arms instituted in 1996 was accompanied by firearms amnesties and other publicity measures to encourage firearms owners to surrender unregistered firearms. - The Australian Government implemented a targeted information and awareness campaign for those affected by handgun reform measures agreed to in 2002. - The Australian Government maintains internet web sites in relevant agencies describing firearms measures it is taking at the domestic and international level. - The Australian Government also conducts an Outreach Program that seeks to increase public awareness of export requirements. (National Report 2008)
Research/Capacity-building/Seminars-Workshops
  RESEARCH - Research on firearms issues by the Australian Institute of Criminology. - Study of small arms in the Pacific (in collaboration with the Small Arms Survey). SEMINARS-WORKSHOPS -Australia and Thailand co-hosted an ASEAN Regional Forum (ARF) confidence-building measure workshop on stockpile security and management of MANPADS and other SALW. This was held in Bangkok 11-13 October 2006. The programme covered: perspectives and impact of illicit proliferation and unauthorised use of SALW and MANPADS; stockpile management safety and security; international assistance; Cambodia case study; and developing stockpile management capacity. Officials from ADF, AFP and DFAT participated in this workshop. (National Report 2008) - Workshop on the UN PoA and the implementation of the model Weapons Control Bill (in collaboration with Japan and the UN Regional Centre for Peace and Disarmament in Asia and the Pacific, July 2004) - Seminar on the problems of small arms in the South Pacific (co-hosted with Japan, January 2003).
MANPADS
  - Australia continues to work with the international community, including through UNGA Resolutions, to follow-up its 2005 initiative to address the threat posed to civil aviation by MANPADS. Our initiative has sought to encourage practical implementation of existing arrangements, including those endorsed by the Group of Eight (G8), International Civil Aviation Organization (ICAO), the Organization for Security and Cooperation in Europe (OSCE) and Asia-Pacific Economic Cooperation (APEC). (National Report, 2010) - In December 2005, Australia announced an initiative to address the threat posed to civil aviation by MANPADS. Australia’s efforts culminated in UNGA Resolutions 59/90, 60/77 and 62/40, which Australia coordinated in 2004, 2005, and 2007 respectively. (National Report 2008)
Linkage with drug trafficking, organised crime and terrorism
  - Australia has not yet ratified the Firearms Protocol. The Australian Government is currently consulting with State and Territory governments about Australia’s obligations under the Protocol and necessary legislative reforms/amendments to bring Australia into line with obligations under the Protocol. (National Report, 2010)
 
 
     
 
UN Participation
- Australia hosted a regional meeting in Sydney for Pacific Island Countries and Timor Leste on the UN PoA on SALW on 22-23 June 2009. The meeting was organised by the UN Office for Disarmament Affairs (UNODA), including its UN Regional Centre for Peace and Disarmament in Asia and the Pacific (UNRCPD), in partnership with the Government of Australia. Of particular note was the substantial discussion on the UN's draft Regional Implementation Plan. After comprehensive deliberation and amendment in plenary, delegates agreed to take a revised draft back to their respective capitals, with a view to having the text considered by leaders. Australia will continue to seek opportunities to take advantage of existing programs to assist Pacific Island countries and Timor Leste in moving forward on the regional implementation guidelines for the PoA. - AusAID, in partnership with the Department of Defence, funded a workshop in New York in January 2009, hosted jointly with the Government of Uruguay. The workshop reviewed lessons learnt on implementing protection of civilians within UN peacekeeping operations. - As part of Australia’s support for the Arms Trade Treaty (ATT), AusAID provided funding to Oxfam International to support the participation and input of Pacific Island Governments and civil society organisations at the Asia-Pacific Regional ATT Conference held in Japan in February 2009. (National Report, 2010) - In 2009, Australia provided funding to the UN Coordinating Action on Small Arms (CASA) to support the development of internationally accepted and validated International Small Arms Control Standards (ISACS). These standards aim to provide comprehensive guidance to practitioners and policymakers on small arms control, and will support the continuing implementation of the PoA. The standards will be developed over four years, for delivery in 2012. - In 2008 and 2009, AusAID funded a UN Institute of Disarmament Research (UNIDIR) activity facilitating the matching of needs to resources for the effective implementation of the PoA in the Pacific region. This study focused on PNG, Tonga, Vanuatu, Solomon Islands, and Fiji and developed a mechanism to help states identify their priorities for small arms assistance and communicate these priorities to potential donors. The final research report, ‘Identification of Assistance Requirements in the Pacific’ has been circulated widely in participating Pacific states and regional fora. UNIDIR’s research in the Pacific identified the need for increased harmonisation between assistance and cooperation within the broader security and disarmament fields. Given Australia’s emphasis on a practical approach to aid effectiveness, AusAID has provided further support to UNIDIR in 2009-2010 to undertake a comparative analysis of all existing SALW instruments and responses, with the aim of consolidating reporting and implementation of the regional and international instruments on SALW. (National Report, 2010) - Since March 2009, Australia is actively engaged in the UN Open-Ended Working Group (OEWG) which will undertake further examination of an ATT. (National Report, 2009)
Cooperation with civil society and NGOs
- The point of contact, the Department of Foreign Affairs and Trade, meets formally with Australian NGO representatives at least once a year, in the context of the National Consultative Committee on International Security Issues, as well as on an ad hoc basis. - The point of contact has consulted and worked with civil society in the hosting of regional workshops on the illicit trade in small arms - Australia included NGOs in its delegation to Third Biennial Meeting of States (BMS3) on the UN Programme of Action (PoA) and sponsored participation by other regional governments and civil society at this meeting. - In 2002, the Australian Government established a Sporting Shooters and Firearms Advisory Council comprising representatives of sporting shooter groups, firearms dealers, security industry and collectors’ societies. The Council provides advice on national firearms issues which assists to inform the Australian Government’s position on firearms matters being progressed through the MCPEMP or any other firearms-related matter referred to it by the Australian Government or its agencies. The council has ensured effective communication between Government and the firearms community. (National Report 2008) - Financial Assistance to Oxfam International to support participation and input of Pacific Island Governments and civil society organizations in the ATT debate at the Asia-Pacific Regional ATT Conference held in Japan in February 2009. (National Report, 2009)
Armed violence
- Australia is involved in a range of international initiatives focused on reduction and prevention of illicit SALW, and Armed Violence Reduction (AVR). We have advocated for strong, practical responses to the UN Secretary General's Report on promoting development through the reduction and prevention of armed violence and the Armed Violence Prevention Programme (AVPP). Australia is a strong supporter of the Geneva Declaration on Armed Violence and Development, particularly its emphasis on the important role of women in armed violence reduction and peacebuilding processes. Preventing conflict and instability in the Asia-Pacific region and globally is a foreign policy priority for Australia. Australian experience has highlighted the central role development assistance can play in conflict prevention, peacebuilding and stability. - Since November 2008, Australia’s strategy on addressing the needs of people with disability reflects the Government's commitment to accelerating progress towards the MDGs in line with the United Nations Convention on the Rights of Persons with Disabilities. Australia is taking a leadership role internationally in raising the profile of disability and development and to establish partnerships in disability-inclusive development. We note that for every child killed in conflicts, three are injured and permanently disabled . Australia’s approach recognises the impacts of exploitation, violence and abuse from illicit SALW on people with disability, including their gender-based aspects. - Australia was involved in development of the 2009 Organisation for Economic Cooperation and Development (OECD) Development Assistance Committee’s (DAC) International Network on Conflict and Fragility (INCAF) report on AVR. Australia supports the continuing development of practical policy guidance on AVR with a focus on turning ‘policy into practice’ on issues including urban armed violence, youth armed violence and the linkages between AVR and Security Sector Reform (SSR). (National Report, 2010)
 
 
     
 
Definition (including closely associated activities and extraterritoriality):
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Optional elements for national legislation (registration, record-keeping, licensing, related legislation, jurisdiction, penalties):
Australia is a signatory to the Firearms Protocol and is currently considering firearms brokering issues within the context of its obligations under the Protocol. Currently, the Crimes (Foreign Incursion and Recruitment) Act 1978 has provisions which criminalise activities including certain forms of brokering.
(National Report 2008)
Operational information exchange (including a) Cooperation on activities violating UNSC arms embargoes; and b) Cooperation with relevant organizations, e.g. WCO, Interpol, the UN):
Australia, in partnership with the Republic of Korea, co-authored a Resolution (UN General Assembly (UNGA) Resolution 63/67) on “Preventing and combating illicit brokering activities” that was adopted without a vote by the UNGA in 2008. Australia will work to increase international awareness of, and strengthen measures to combat, illicit brokering.
Cooperation and measures within a regional Organization:
National needs (Assistance in capacity building):
Notes:
 
 
 
     
Source : National Report on the Implementation of the PoA, 2008 and 2010
Date : 9/5/2011
National laws, regulations and administrative procedures:
National Firearms Agreement (NFA), 1996
National Firearms Trafficking Policy Agreement (NFTPA), 2002
National marking practices:
Australia is currently reviewing its marking practices in the context of taking the steps necessary to ratify the Protocol against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition, supplementing the United Nations Convention against Transnational Organized Crime (Firearms Protocol) and the international instrument on marking and tracing of small arms and light weapons.
In late 2008, State and Territory governments conducted targeted consultation with the firearms industry in their jurisdiction, in order to assess the nature of manufacturing activities occurring across Australia and to form some initial considerations about an appropriate regulatory approach. Further consultation and work between the Australian and State and Territory governments will take place during 2009-10 to determine appropriate regulatory settings to be applied nationally. This regulatory area will address a number of relevant obligations under the Firearms Protocol.
Marking at the time of import:
All imported firearms manufactured after 1900 must bear a unique identifying mark (i.e. serial number). The Australian Customs Service monitors compliance with this requirement as a part of import procedures.
Marking of SALW in the possession of government armed and security forces:
Measures against the removal or alteration of markings:
Accurate and comprehensive records for all marked SALW within their territory:
All Australian jurisdictions require compulsory registration of firearms and licensing of firearms owners in the national database (Crimtrac). This system is update by each State and Territory and linked across Australia on a monthly basis. Export and import procedures require full details of the firearms to be provided to Customs. Police services have access to firearms registration and licensing details through the maintenance of individual State and Territory firearm registry systems and also through the National Firearms Licensing and Registration System. The Australian and State and Territory governments are continuing to implement new information exchange mechanisms to improve the quality and availability of firearms data at the national level. The ACC has been involved actively in data cleansing activities on behalf of State and Territory governments to ensure that wherever possible the data contained in registry databases is of a high standard.
Measures taken for undertaking traces and responding to tracing requests:
The Australian Crime Commission (ACC) undertakes the tracing of located firearms within the criminal market. The ACC has a strong relationship with both the national and international firearms industry which supports the timely tracing of illicit firearms. Gathering historical records, the ACC is establishing a database of firearm transaction records which indicate if a located firearm was ever in the licit market. This identifies those firearms as being legally imported into Australia where no factory records exists. Some 1.1 million historical records have been entered into the ACC firearms database in 4-5 years. The ACC has also developed a series of in-house tools designed to automate the data entry process and to identify importers of specific firearm brands, which assists in the timely tracing of illicit firearms.
Operational information exchange:
In 2007 the ACC and the United States Department of Justice, Bureau of Alcohol, Tobacco and Firearms, (ATF) signed a Memorandum of Understanding (MOU) on the sharing of information in relation to firearm trafficking issues.
Needs and request for assistance:
Implementation challenges and opportunities:
Australia has noted the challenges of identifying viable and practical options for implementing the Firearms Protocol obligation on the marking of firearms on import.
Notes:
 
 
     
 

 
 
     
 
Regional seminars, meetings, workshops
- At the June 2007 Pacific Island Forum Regional Security Committee meeting, Australia encouraged Pacific countries to adopt relevant initiatives such as the UN Programme of Action. (National Report, 2008) - Australia also participates in efforts to develop model legislation on weapons control in the Pacific.