Opinion Number. 1189

Subject

COMMONWEALTH IMMUNITY FROM STATE LAWS COMMONWEALTH OFFICERS CARRYING PISTOLS IN COURSE OF DUTY: WHETHER PERMIT UNDER STATE LAW REQUIRED

Key Legislation

CONSTITUTION, s. 109: FIREARMS ACT 1921 (VIC), ss. 22, 23, 25

Date
Client
The Secretary, Prime Minister's Department

The Secretary, Prime Minister's Department, has referred for advice the follow-ing minute by the Secretary, Department of Defence:

It has been the practice for the Receiver of Public Moneys attached to this Department to carry an automatic pistol when collecting moneys from the Common-wealth Bank for the purposes of protection against attack.

In view of the Victorian Firearms Act 1921 will you please advise whether action should be taken for the issue of a permit under the Act for an officer detailed to collect money from the Bank. Sections 22 and 23 of the Victorian Firearms Act 1921 require everyone in possession of a pistol to hold a pistol permit and to have such pistol registered in his name.

Section 25 exempts certain classes of persons from incurring the penalties laid down for a breach of its provisions, but the Receiver of Public Moneys mentioned above cannot be brought within the scope of any of the excepted classes of persons.

Following the principles laid down by the High Court in the case of the Amalgamated Society of Engineers v. Adelaide Steamship Co. Ltd 28 C.L.R. 129 the Firearms Act must be held to apply to Commonwealth officers unless it can be shown that it is inconsistent with the provisions of some Commonwealth law.

As there is no such Commonwealth law, it follows that Commonwealth officers in common with all persons not specifically excepted come within the scope of the Firearms Act 1921.

[Vol. 15, p. 262]