Statutes Amendment (Firearms Offences) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 17 November 2015.)

The Hon. K.J. MAHER (Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Aboriginal Affairs and Reconciliation) (16:21): I would like to thank the honourable members who have spoken on this bill and in particular those who have indicated their support for the bill. As discussed, the Statutes Amendment (Firearms Offences) Bill implements a promise made by this government to strengthen laws relating to the trafficking of firearms.

This particular piece of legislation arises in the wake of the tragic case of Lewis McPherson. Many members have canvassed the details of that awful crime. I will not revisit those details, but I will acknowledge the hard work of Mark McPherson, Lewis' father. In the face of great adversity, Mr McPherson has campaigned for tougher laws surrounding the trafficking of firearms. His input has been significant in the development of the bill before the council today.

Firstly, the bill designates trafficking offences pursuant to sections 14 and 10C(10) as 'serious firearms offences'. Significantly, this classification means that these trafficking offences will result in offenders being sentenced to terms of imprisonment that cannot be suspended unless the offender can demonstrate exceptional personal circumstances of mitigation to warrant a suspended sentence. This is an effective indicator of parliament's view that these are very serious offences.

Secondly, the bill creates a derivative liability offence. If a person illegally traffics a firearm that is used in the commission of a subsequent offence then that person is liable for the subsequent offence. This is designed as a stand-alone provision. The maximum penalty for the derivative liability offence is a term of imprisonment no longer than the maximum term of the subsequent offence.

I note the concerns the Law Society has raised and note the concerns that both the Hon. Andrew McLachlan and the Hon. Kelly Vincent have read into Hansard. By way of response, I refer to the Attorney-General's comments in the other place addressing these concerns. At this stage I will highlight something the Attorney-General said in his second reading speech:

A firearm is a uniquely lethal weapon of spectacular danger. Laws surround its use and possession in great detail for that reason. The policy of the law should be that, if you put a gun in the hands of an irresponsible person, and you do so illegally, then you wear the consequences of that action.

On that note, I look forward to progressing this bill quickly through the committee stages.

Bill read a second time.

Committee Stage

In committee.

Clauses 1 to 3 passed.

Clause 4.

The Hon. M.C. PARNELL: I want to ask a question about the potential operation of the derivative liability. If we take, for example, a woman who may be a victim of domestic violence who, however misguided, seeks to acquire a firearm for potential use in her future self defence. If that firearm then subsequently ends up in a third person's hands, my understanding is that the person who supplied the firearm can be punished for something that a third person subsequently did, not being the person to whom the firearm was supplied. Is that a correct understanding of the bill?

The Hon. K.J. MAHER: I can advise the honourable member that my advice is that regardless of the steps removed, as in the example you have indicated, if that initial person is found guilty of the trafficking offence, then the subsequent action, even the steps removed as you described, they would be captured under this, if they were found guilty of the trafficking offence to the woman that you are talking about then for a subsequent offence further on from that chain.

The Hon. M.C. PARNELL: I just use that example, whilst it might seem extreme and unlikely, it shows that as we become more removed from the original criminal offence of illegally providing a firearm, basically anything that subsequently goes wrong, the gun could pass through many hands before it ultimately is used to commit an offence, an assault or a murder, and yet the responsibility for that offence is effectively sheeted home to the person who 10 years earlier may have illegally supplied a firearm.

The Hon. K.J. MAHER: I can advise the honourable member that these are the consequences if someone chooses to illegally traffic in firearms. However, if there were steps removed as suggested in the example given, they could well be matters that are taken into account in sentencing.

Clause passed.

Remaining clause (5) and title passed.

Bill reported without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Manufacturing and Innovation, Minister for Automotive Transformation, Minister for Aboriginal Affairs and Reconciliation) (16:29): I move:

That the bill be now read a third time.

Bill read a third time and passed.