House of Assembly - Fifty-First Parliament, Third Session (51-3)
2008-11-26 Daily Xml

Contents

GUN LAWS

Mr PICCOLO (Light) (14:35): Will the Premier inform the house about world-first new gun laws that will take effect in South Australia from tonight, as well as a gun amnesty that will begin next week?

Ms Chapman: World-first something.

The Hon. M.D. RANN (Ramsay—Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Sustainability and Climate Change) (14:35): Can I just say I want to commend the Deputy Leader of the Opposition for saying that this is a world first. She might have opposed the DNA testing of Bevan Spencer von Einem but, apparently, she supports—

Ms CHAPMAN: Point of order, Mr Speaker—

The Hon. M.D. RANN: —what we are doing on knives and guns.

The SPEAKER: Order!

Ms CHAPMAN: I was asking the questioner to repeat the question; what was said was that we could not hear the question.

Members interjecting:

The SPEAKER: Order! For the benefit of the deputy leader, will the member for Light repeat his question?

Mr PICCOLO: This is a world first too—to be asking the same question twice. The question was: will the Premier inform the house about world-first new gun laws that will take effect in South Australia from tonight, as well as a gun amnesty that will begin next week?

The Hon. M.D. RANN: Earlier this week, I outlined proposed changes to crack down on knives—including a ban on young people buying knives—and the introduction of metal detectors for police to carry out searches. Today, I am pleased to announce that, from midnight tonight, South Australia will have the toughest new gun laws that this country has ever seen. They will arm our police with hard-hitting powers to help them combat gun-related violence and disarm dangerous criminals, including outlaw motorcycle gang members.

Anyone who is slapped with a firearm prohibition order from tonight onwards can be stopped and searched anywhere at any time, in any vehicle, vessel or aircraft—as well as in their home—for any evidence of firearms, gun parts or ammunition. These new laws have been designed to target the unlawful use of firearms to commit violent and criminal acts. Those found guilty of any breach will face a maximum prison sentence of 15 years, not the two years that we have seen for many years.

The message to criminals carrying guns is simple: we are coming after you. Any person issued with a firearms prohibition order can and will be named through an online registry that can be accessed by a firearm clubs, commercial rangers, firearm dealers and the general public.

The new laws create a range of offences, including: possession of a firearm; firearm parts or ammunition in contravention of a prohibition order; residing in premises where a firearm is present in contravention of a prohibition order; bringing a firearm onto a premises where a person subject to a prohibition order resides; suppling firearms to a person subject to a prohibition order; and attendance at any shooting range or firearms dealership by a person subject to a prohibition order.

Basically, what that says is that, if you have a firearm prohibition order, not only are you not allowed to have a gun, you are not allowed to carry a gun; you are not allowed to be with someone carrying a gun; you are not allowed to sleep in a house where a gun is stored or present; and you are not allowed to be in the company of others who might have one. For instance, you cannot buy a gun, and no-one can sell you a gun, in a premises or a club room where there are guns. This is a 15 year maximum sentence. This is what the police asked us for. There is no tougher anti-gun legislation anywhere in Australia or, indeed, according to the police, anywhere in the world.

Members interjecting:

The SPEAKER: Order!

The Hon. M.D. RANN: As I say, the opposition did not want us to DNA test von Einem because they have different values and standards. Today, I also announce jointly with SA Police that a three-month gun amnesty will commence from midnight on 1 December 2008. What that amnesty means is that anyone during that period can hand over their illegal or legal firearms without fear of prosecution. They can hand them over right up until 28 February.

The message is clear: after that date, the full force of our new laws will come down on anyone with illegal firearms. So, the message is: if you have an illegal firearm at home in your shed that is unregistered, if it is a type that has been banned, you had better hand it in over the next three months during this amnesty otherwise the police will come after you with massively increased sentences.

I know that we will get the whines and bleats of the civil libertarians. I am waiting for Henry Mancini and his orchestra of defence lawyers—

Members interjecting:

The SPEAKER: Order!

The Hon. M.D. RANN: I keep seeing these defence lawyers come on and say on TV that these new laws will not impact on the bikie gangs at all, but then they spend a huge amount of money on QCs and lawyers—the best paid in the state—to go into court to try to block our legislation. If these laws are harmless, why do they so bitterly oppose them? My message to those defence lawyers is this: I hope that when you drive your BMWs to the court, you feel proud that you are living off the earnings of those who murder and try to sell drugs to our kids. That is what we are talking about, but no doubt we will see an array of them on television tonight condemning me for doing this. It makes me feel better about myself; it makes me feel better about this government.

Members interjecting:

The SPEAKER: Order!

The Hon. M.D. RANN: But if they want to live—

Mr Hamilton-Smith interjecting:

The SPEAKER: The leader will come to order!

The Hon. M.D. RANN: —off the manufacture and sale of amphetamines, then they can feel proud the next time they are at the Law Society annual dinner. But the message—

Ms Chapman interjecting:

The SPEAKER: Order!

The Hon. M.D. RANN: Obviously, the criminal element within the community is unlikely to take part.

Ms Chapman interjecting:

The Hon. M.D. RANN: What's that?

Ms Chapman: The lawyers that represent him.

The Hon. M.D. RANN: I did not realise that the Attorney-General had unregistered handguns; I am not quite sure of the relevance of what you are saying. Obviously, the criminal element within the community is unlikely to take part in the amnesty, but it is still vital that the effort is made to remove as many guns as possible from our streets and help prevent them from falling into the wrong hands.

Previous amnesties conducted in South Australia have seen 1,490 firearms surrendered. Anyone wanting to hand in firearms can do so from 1 December at any police station. We are serious about this. We are urging South Australians who have illegal firearms to come forward and surrender them otherwise they might face a firearms prohibition notice and end up in gaol for up to 15 years.