BILLS: Paintball Amendment Bill 2023

20 September 2023

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.