House of Assembly - Fifty-Second Parliament, First Session (52-1)
2010-07-01 Daily Xml

Contents

CRIMINAL LAW CONSOLIDATION (LOOTING) AMENDMENT BILL

Introduction and First Reading

The Hon. I.F. EVANS (Davenport) (10:32): Obtained leave and introduced a bill for an act to amend the Criminal Law Consolidation Act 1935. Read a first time.

Second Reading

The Hon. I.F. EVANS (Davenport) (10:32): I move:

That this bill be now read a second time.

I am aware that other members have matters in private member's time that they wish to debate, so I will be brief as a courtesy to the house. This bill seeks to amend the Criminal Law Consolidation Act. This is the same or similar to a bill that I introduced prior to the election, but it was defeated. This bill seeks to bring in aggravated penalties for certain offences under the Criminal Law Consolidation Act. Specifically, I am trying to introduce aggravated penalties for those people who loot premises affected by fire or in a fire prone area when an emergency has been declared or when there is a day of extreme fire danger.

The principle is this: when the CFS go out and say to the people in a certain area, 'Your homes and businesses are at risk; put in place your bushfire action plan', which for many people will mean leaving the district, that is publicly broadcast, and those who have a criminal mind therefore know that in those geographic areas a large number of people are likely not to be home. Because of that, it exposes those areas to a higher level of crime at that point. The public need better protection from the criminal element at that time.

Also, post-fire—we saw this in the Victorian experience and we have seen it in other bushfire experiences—in the immediate aftermath of a fire when all the authorities are naturally worrying about the basics of life, that is, rescuing people, food, water, shelter and those sort of emergency provisions, some low lifes take it upon themselves to go out and loot the properties and take furniture and belongings out of the affected homes or properties. We should be sending a message to those people that it is totally unacceptable and they should attract an aggravated offence; they should attract a higher penalty through its being an aggravated offence.

I know the government opposed this before the election. I say to the government that my bill may not be perfect. I am open to amendment if the government can make it a better bill, but I think the principle of this bill is right. I think the principle is right. If a bushfire occurs and premises are ruined, people who then go in and rob at that point need to be sent the strongest message possible that they are preying on people in their time of need and they should be dealt with more severely under the law. I think that principle is right.

If the government or other members wish to consult with me on amendments I am open to amending the bill, but I think the principle of the bill is right. The reasons for this bill are in Hansard from the previous debate. It is a simple bill in that respect and I hope the government and other members can see their way clear to support the bill in this form or an amended form. With those few words I seek the support of the house in due course.

Debate adjourned on motion of Mrs Geraghty.