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House of Assembly - Fifty-Second Parliament, Second Session (52-2)
2012-05-15 Daily Xml
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SERIOUS FIREARMS OFFENDERS

Mr BIGNELL (Mawson) (14:21): Can the Attorney-General inform the house about proposed changes to sentencing for serious firearms offenders and why the tough new measures are needed?

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Planning, Minister for Business Services and Consumers) (14:22): I thank the honourable member for his question.

Mr WILLIAMS: Point of order, Madam Speaker: I think the question is disorderly in so much as it used the terminology or the phraseology 'tough new measures'. I think that is introducing argument into the question and it should be ruled out of order.

The SPEAKER: I would ask the member to leave out 'tough' if it is a real issue for you. I don't see that that is an issue, but you are leaving out the word 'tough'?

Mr BIGNELL: I am happy to do so.

The SPEAKER: Thank you—'new measures'. Attorney-General.

The Hon. J.R. RAU: Thank you, Madam Speaker. I again thank the honourable member for his question, without that word. I suspect the answer may be similar but, anyway, let's see.

Guns are the weapon of choice for organised crime and the government is attacking criminal organisations through the serious and organised crime (control) legislation, which is now, thankfully, through this parliament, and attached bills.

We are of the view that a targeted approach is needed to gun crime. This is something that has been a topic of discussion around the country and, indeed, a recent meeting of attorneys-general from around the country actually canvassed issues of guns but, more particularly, from the point of view of the manufacture or importation of weapons.

But at a state level here, we have decided that we are going to introduce a new classification of offenders who will be described as 'serious firearm offenders'. I want to explain very briefly who these people are going to be. These are people who commit an offence against the Firearms Act or the Criminal Law Consolidation Act, using a firearm in the following particular circumstances:

first of all, the person is not permitted to possess a firearm, either through a condition of their liberty—for example, a bond, bail, licence or whatever it might be—or because there is a firearms prohibition order. That is the first category;

second, the person is subject to a control order under the Serious and Organised Crime (Control) Act;

thirdly, the offence is committed in connection with a serious drug offence;

fourthly, the firearm is an illegal or automatic firearm; and

fifthly, the firearm is an unregistered handgun and the person does not have a licence for a handgun.

The label 'serious firearm offender' basically tells everybody what we all need to know, that is, these offences are extremely serious and are viewed as such. Serious consequences will apply to these offenders. Serious firearm offenders will, in effect, be sent to gaol unless they can establish exceptional circumstances, which will be a matter for the court. A presumption would exist against bail, which is a complete reversal of the existing circumstances. Finally, two convictions for a serious firearm offence would mean the person is liable to be declared a serious repeat offender by the court.

This measure, which will contain obviously more detail than that, will be shortly before the parliament. This represents a major attack by the government on gun crime; something which I am sure all members of the parliament take extremely seriously. I hope that all members of the parliament on both sides give this legislation a speedy passage when it comes before the parliament shortly.

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