The main elements of the proposed Article 3 Commonwealth legislation are:
(A) Security of person may only be achieved in many instances through self-preservation as the police cannot be everywhere to protect everyone;
(B) There exist, Australian citizens of good character, that in specific circumstances should be permitted to possess a regulated weapon under secure and responsible management;
(C) A permit-issue should be considered on the balance of probability that life or lives will be preserved in the event of a grievous attack upon the innocent; and
(D) The primary functions of POL-CPA are to create codes of practice and develop policies and procedures with regard to the following:
- permitted applicant criteria;
- approved security training;
- wellness care and attention; and
- the administration and revision of legislation.
Draft Provisions (applicant criteria):
(C) Under the proposed Preservation of Life – Community Protection Act 2020 a person may be eligible to be issued a permit of possession for a regulated weapon if on the balance of probability that life or lives will be preserved in the event of a grievous attack upon the innocent given the circumstances stated by the Applicant.
Section D sub-section 1:
Before being issued a permit of possession an applicant must pass background checks which consider criminal, mental, addiction and domestic violence records.
The two aspects of the permitted applicant criteria are:
(1) consideration of the nature of any mental illness when associated with a hospital, mental institute, psychiatric clinic or otherwise when a person was confined because it was reasonable to say that violence or threatened or attempted violence on the part of the person against any other person has occurred; or
(2) has an established history of behaviour that includes violence or threatened or attempted violence on the part of the person against any person.
It is to be noted that violence used in the above context does not include justified violence with regard to a matter of self-defense, a lawful arrest, or similar situations authorized under legislation.
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