The way the Finocchiaro CLP Government has implemented its plan to legally arm Territorians with pepper spray as of next month ignored “normal parliamentary processes” and could lead to users of the spray not being held legally responsible for causing death or serious harm, which an NT Greens MLA says creates the potential for “vigilantism” and racially-motivated attacks.

The CLP’s move to proceed with introducing pepper spray to the public also comes as the Queensland LNP Government rejected bringing in a similar trial because it determined the use of OC spray by untrained members of the public presented “significant risks, including potential misuse and unintended harm”.

The CLP Government made amendments Wednesday to the Weapons Control Act regulations and had Administrator Hugh Heggie, who is a doctor, sign off on the changes rather than go through Parliament to change the laws to permit certain people to purchase pepper spray starting September 1, as part of the 12-month trial.

Greens MLA Kat McNamara said because the regulations were changed to allow people to carry the chemical weapon, rather than changing legislation, there “is no objective definition of when it is appropriate for [OC spray] to be used” and that it was “up to the perception of the user” of how they determine danger, which could form a legal defence if someone dies or is seriously harmed by someone using the spray.

“The introduction of OC spray poses a serious risk to the safety of our community,” McNamara said.

“This is a lazy so-called solution from the CLP. Rather than deal with the root causes of crime, they are arming people with chemical weapons.

“I am deeply concerned by the risks of vigilantism and possibly racially motivated assaults that might occur as a result of these changes.

“The CLP Government has bypassed important legislative processes by failing to introduce this into Parliament to be debated. They are hindering any scrutiny, preventing the crossbench and Opposition members from doing our jobs.”

An online fact sheet provided by the NT Police about the OC spray trial stated that as of September 1, people will be able to buy pepper spray from firearms dealers across the Territory, under conditions including that they are over 18, have a valid ID, and that they complete a “buyer declaration” indicating that “you have no relevant criminal history, police or court orders”.

There does not appear to be any checks in place to immediately verify if the person is telling the truth on the declaration.

The OC spray can be seized if the user does not have their “buyer declaration” in their possession, in either physical or digital form, the police information stated.

The fact sheet also said a “prohibited person” fact sheet will be made available at some point to “assist members of the public to identify if they are prohibited from” purchasing the spray.

Police will also be undertaking an “online training module” in relation to the pepper spray trial.

Chief Minister Lia Finocchiaro said in June that introducing the pepper spray was “about giving Territorians more choice when it comes to personal safety”.

The CLP Government’s move to proceed with its OC spray policy comes as Queensland’s LNP Government rejected calls from Katter’s Australian Party to legalise carrying pepper spray in that state, with LNP Police Minister Daniel Purdie stating in Parliament that pepper spray presented “significant risks including potential misuse and unintended harm”.

LNP Member for Mackay and former cop Nigel Dalton said last week he could not understand how a member of the public would be able to use the spray effectively when trained police officers struggle.

“Even in the moments that we, as a police service, have to deploy it, it is sometimes quite tricky to get out and deploy it in the right direction in a timely manner,” Mr Dalton told News Corp.

“I just can’t really see, once an attack is underway, that you could quickly grab that pepper spray from the article that you’re carrying it in.”

Questions to Ms Finocchiaro’s office went unanswered on Wednesday and again on Thursday.

In June, Ms Finocchiaro pledged to consult with “key stakeholders, industry bodies, licensees, and the broader community” before legalising pepper spray, but it does not appear that has occurred.

Her office would also not say if she has established a promised “Community Oversight Reference Group”, that she claimed in June would “ensure the community has a direct voice in how the trial is run and reviewed”.

The policy to introduce pepper spray to the public for self-defence has been roundly rejected by medical professionals, community justice groups, and legal bodies as dangerous, with the peak Aboriginal medical body calling the move a “decision that will cause harm, deepen community distrust and exacerbate already dangerous racial divisions”.

The pepper spray policy was part of Ms Finocchiaro’s latest tough on crime policies, that also included moving to arm bus and public housing safety officers with guns, introducing a dress code on buses, reforms to the Youth Justice Act with no evidence the reforms will work, and previously lowering the age of criminal responsibility.

While the Queensland Crisafulli LNP did not support Ms Finocchiaro’s pepper spray plan, Katter’s Australian Party said all of Ms Finocchiaro’s tough on crime policies were “trailblazing” and “commended” her for introducing them. The party has also advocated for “castle law” – the doctrine that would permit people to use lethal force on home intruders – which Ms Finocchiaro recently mused about possibly introducing here.