Bail (Terror Suspects and Firearm Parts) Amendment Bill

Second Reading

Adjourned debate on second reading.

(Continued from 22 February 2024.)

The Hon. N.J. CENTOFANTI (Leader of the Opposition) (16:00): I rise today as the opposition spokesperson to address this chamber on the Bail (Terror Suspects and Firearm Parts) Amendment Bill 2024. This bill proposes crucial amendments to the Bail Act 1985 to resolve significant legislative irregularities concerning the definition of 'terror suspect' and the terminology surrounding firearm parts.

The bill before us directly responds to concerns raised by South Australia Police (SAPOL) regarding existing gaps in our legislative framework. It seeks to ensure that our bail laws are robust and comprehensive, providing clarity and enhancing public safety. As members of this legislative body, we must ensure that our laws are clear, consistent, and effective in protecting our community from potential threats. The bill addresses two primary issues: the definition of 'terror suspect' and the use of the term 'part of a firearm'.

In 2017, the Bail Act was amended to include a presumption against bail for individuals classified as terror suspects; however, a loophole exists wherein individuals charged with state-based terrorist offences, which are not covered under federal legislation, do not fall within this presumption. This anomaly means that individuals could be granted bail under regular conditions, despite posing a significant risk.

The proposed amendment in clause 4 of the bill ensures that both state and federal terrorism offences are considered under the definition of 'terror suspect'. This includes individuals currently charged with or previously convicted of terrorist crimes, whether under state or federal law. This correction is vital for maintaining a consistent and stringent approach to handling those who pose a potential terror threat, ensuring that they are appropriately subject to the presumption against bail.

The Bail Act currently uses the term 'part of a firearm', which is not explicitly defined and has been interpreted broadly to include non-operational or cosmetic parts. This broad interpretation has led to practical challenges for SAPOL, particularly when enforcing bail conditions that prohibit the possession of firearms and their parts.

The bill proposes to align the Bail Act with the Firearms Act 2015 by adopting the defined term 'firearm part'. The Firearms Act defines 'firearm part' as components essential to the firearms function, such as the barrel, firing mechanism, magazine, cylinder, hammer, bolt, breech block, or slide. Using this definition, the bill aims to streamline SAPOL's enforcement efforts, reducing unnecessary administrative burdens and focusing on components that pose a genuine risk to public safety.

The amendments proposed in this bill are paramount for maintaining law and order in our society. By closing the loophole concerning terror suspects, we are taking a firm stand against those who may seek to exploit our legal system's gaps. This change ensures that individuals who pose a terror threat are appropriately restricted and monitored, enhancing public safety. Similarly, by clarifying the terminology around firearm parts, we provide SAPOL with clear guidelines, reducing confusion and administrative workload. This change allows law enforcement to focus on genuine threats, improving the efficiency and effectiveness of our bail conditions.

The Bail (Terror Suspects and Firearm Parts) Amendment Bill 2024 is a necessary and sensible development in our legal framework. It addresses critical gaps, ensuring our laws are robust, transparent and effective in protecting the community. By supporting this bill, we affirm our commitment to upholding law and order, enhancing public safety, and ensuring justice is served. I certainly urge this chamber to support the bill, which would demonstrate our collective commitment to protecting our society from potential threats and maintaining the integrity of our legal system.

The Hon. S.L. GAME (16:04): This bill expands the definition of 'firearm' in the Bail Act 1985 to include firearm parts. This means that people charged with possessing or supplying firearm parts will be subject to the same bail restrictions as those charged with possessing or supplying complete firearms.

One Nation will always support measures that protect the community. The bill makes it more difficult for people charged with terrorism offences to get bail. It does this by clarifying that the bill applies to terrorism offences under both state and federal laws. It also presumes that a person is a flight risk if they have been previously convicted of, or charged with, a terrorism offence.

I support the bill's intention to give bail authorities more power to impose conditions on bail, such as requiring a person to surrender their passport or firearms. The bill's intent to make it more difficult for people who are a danger to the community to get bail is a welcome provision, as long as it does not extend to people who are not considered a danger.

The Hon. T.T. NGO (16:05): I rise to speak in support of this bill that deals with two sets of amendments, both of which have arisen due to submissions from SA Police (SAPOL). One of the two amendments in this bill relates to the Bail Act and replaces the words 'part of a firearm' with 'firearm part'. The amendment also defines 'firearm part' in the same way it is defined in the Firearms Act. In the Firearms Act, 'firearm part' means a barrel, firing mechanism, magazine, cylinder, hammer, bolt, breech block or slide designed as, or reasonably capable of, forming part of a firearm. This change of wording covers all firearm parts that are essential to the function of the firearm and have potential to cause harm.

The change updates the act so that the terminology between the Bail Act and the Firearms Act is consistent. SAPOL highlighted the issues caused by the discrepancies between the Bail Act and the Firearms Act, which specifically relate to section 45(2) of the Firearms Act.

As the Attorney-General the Hon. Kyam Maher MLC explained in his introduction to this bill, currently a person on bail is required to surrender all firearms, ammunition and any parts of a firearm. This includes the non-operational parts of a firearm that do not pose any risk to the public, such as cosmetic parts, and consequently there is really no reason for them to be seized or stored by SAPOL.

The second amendment deals with the definition of 'terror suspect'. As we know, in Australia counterterrorism laws are primarily governed by commonwealth legislation, which outlines offences related to terrorism, including planning or preparing for a terrorist act, financing terrorism and being a member of a terrorist organisation.

The current Bail Act came about through an amendment made in response to a decision by first ministers at a Council of Australian Governments meeting on 9 June 2017. An amendment in the Statutes Amendment (Terror Suspect Detention) Act 2017 commenced operation in 2018. This resulted in applying a presumption against bail and parole to applicants who are terror suspects.

'Terror suspect' refers to an individual who is suspected by law enforcement agencies or intelligence services of involvement in terrorist activities or plots. A terror suspect may be under investigation for planning, aiding, financing or participating in acts of terrorism, which can range from violent attacks to supporting extremist ideologies. Even if a terror suspect is not directly connected to a terrorist organisation, terror suspects with extremist ideologies may inspire other individuals within the community to act in such a way as to pose a risk to the safety and wellbeing of the public.

In South Australia, we have state laws and regulations related to counterterrorism and public safety. This amendment bill fixes an ambiguity raised by SAPOL in the way presumptions against bail are applied to both terror suspects and individuals who are charged or convicted of a state terrorism offence. The amendment clarifies that if a person is arrested for a state terrorist offence and has no past terrorist charges, terrorism notifications or convictions under the commonwealth Crimes Act then they are not a terror suspect pursuant to the Bail Act and the presumption against bail and parole will not automatically apply.

As we all know, the presence of any terror-related behaviour within a community can have far-reaching consequences, posing risks to safety, social cohesion and the overall wellbeing of entire communities. For that very reason it is crucial for law enforcement agencies to be able to identify and address potential threats and apply the law accordingly.

As the Hon. Kyam Mayer has stated, the two sets of amendments were made in response to addressing the issues presented by South Australia Police. Whatever we do to streamline and improve our state laws in order to better facilitate and support the work of SAPOL, the better outcomes we will have in terms of public safety. Therefore, I commend this bill to the house.

The Hon. M. EL DANNAWI (16:11): I rise to speak in support of the bail amendment bill. The government must take utmost care when evaluating the presumption of bail. It forms a component of the principle that rests at the heart of our justice system: the presumption of innocence.

As we live in a federation, it is also important that our criminal laws be uniform across states and territories when appropriate. Inconsistencies may lead to unintended consequences. There is a presumption against bail for those charged with terror offences where the offence is covered by commonwealth legislation. At the time they were added to this prescribed category, there were no state-based terror offences existing in South Australian legislation. That has since changed, and as such this bill brings state-based offences into line with commonwealth-legislated offences.

The amendment bill before us is of a technical nature. It seeks to close loopholes and smooth inconsistencies between acts to make sure that our justice system is operating as fairly and efficiently as possible. Following feedback from SAPOL, this bill will also be clarifying terminology as it relates to firearms. The bill will make terminology in the Bail Act consistent with the terminology used in the Firearms Act. This change will mean that police only have to seize parts of a firearm essential to its function.

This bill is the latest in a number of amendments to the Bail Act that this government has undertaken, two of which I have previously spoken to in this place. The Bail (Conditions) Amendment Bill 2023 fulfills the election commitment to introduce legislation which will require persons who have been charged with a serious domestic violence offence to be electronically monitored as a condition of bail. This is a small but meaningful change which will positively impact survivors of domestic violence.

The government also recently amended the Bail Act with the Child Sex Offenders Registration (Child-Related Work) Amendment Act 2024. That act created a default rule that registered child sex offenders and those accused of registrable child sex offences must not work in a business that employs children if their employment would involve contact with child employees.

As I said at the outset, the presumption of bail as an extension of the presumption of innocence is an important part of our justice system. It can be a fine balance between the rights of the individual and the safety of the community. It is the government's responsibility to ensure that the balance remains correct and that our justice system can work for everyone. I commend the bill to the chamber.

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:14): I would like to thank all honourable members for their valuable and significant contributions on this important piece of legislation. I look forward to the committee stage.

Bill read a second time.

Committee Stage

Bill taken through committee without amendment.

Third Reading

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (16:16): I move:

That this bill be now read a third time.

Bill read a third time and passed.