House debates

Wednesday, 10 February 2016

Bills

Criminal Code Amendment (Firearms Trafficking) Bill 2015; Second Reading

7:03 pm

Photo of Natasha GriggsNatasha Griggs (Solomon, Country Liberal Party) Share this | Hansard source

The legislation that we are debating today, the Criminal Code Amendment (Firearms Trafficking) Bill 2015, is of national significance, but in the Northern Territory issues of firearms have been causing police and the broader community headaches for many years. In the last few days reports have emerged of a firearms incident in an industrial neighbourhood only minutes from my home in Palmerston. The ABC reported the incident under the header 'Darwin Rebels motorcycle gang clubhouse targeted in drive-by shooting'. The report continued:

A drive-by shooting at the Darwin clubhouse of an outlaw motorcycle gang has led to police seizing two guns and methamphetamines but the shooter remains at large.

The NT Gangs Task Force is investigating the shooting which happened early on Saturday morning while members of the Rebels gang were inside the Yarrawonga building.

After a search of a premises in the Palmerston suburb of Bakewell, police seized two firearms and the methamphetamines. Investigating officer Detective Senior Sergeant Mark Stringer—a very, very good police officer—said the Rebels arrived in Darwin five years ago and since then have been 'making a name for themselves'. That includes their involvement in the theft of weapons from a Navy patrol boat back in 2012.

In that incident, Northern Territory Supreme Court records show that Seaman Matthew Evans stole guns from a Royal Australian Navy patrol boat at Darwin's Larrakeyah naval base because he felt pressured by the outlaw motorcycle gang. The event made national headlines in November 2012 and was a significant and disturbing breach of security at a very important Australian naval establishment. Seaman Evans gained access to the Larrakeyah base using his security pass, and then, once inside the base, covered his face with a beanie and boarded a patrol boat he had once worked on. He briefly struggled with a watchman and restrained the watchman with cable ties before stealing 14 guns. I say again: before stealing 14 guns. The guns were, thankfully, later recovered from a Darwin unit. Evans pleaded guilty to several charges and, for his trouble, was seriously bashed in prison and spent a considerable period of his prison sentence in protective custody.

It is disturbing enough that the Rebels gang is in Darwin at all, but the fact that they are accessing firearms is absolutely horrifying. The weekend incident in which shots were fired at their premises is not the only firearms-related incident investigated by the Northern Territory police this year. We are only five weeks into 2016, and police have already issued a media statement urging firearm owners to take all necessary measures to ensure the safety of their weapons. The 12 January statement said:

Northern Territory Police are asking gun owners to rethink their security and double check their gun safe keys are kept in a secure location ... following the theft of firearms from homes during recent break-ins.

Sergeant Amee Meredith from the Firearms Policy Section said Police ... are concerned at the ease with which ... offenders are finding and using gun safe keys.

She said:

... firearm owners have a responsibility to ensure the safekeeping of ... firearms.

She pointed out:

Under NT legislation gun owners must take all reasonable precautions to ensure that the firearms are kept safely, that they are not lost or stolen and that they do not come into the possession of persons not authorised to possess them.

The media release did not go into detail on how many firearms had actually been stolen or the exact type of weapon, but, in my old home town of Alice Springs, 2016 has seen at least three firearms related incidents. One of those related to the theft of a rifle, a shot-gun and ammunition from a home in Braitling, and just last week police appealed for public assistance following the overnight theft of a firearm from a vehicle in Caterpillar Court. The report said:

Between 7.30pm 3 February and 6.15am 4 February, an unsecure Ruger Imperial bolt action .308 calibre rifle, which was inside a canvas cover, as well as a quantity of ammunition, was removed from a vehicle by an unknown offender/s.

Superintendent Peter Gordon went on to say:

Firearms that get into the wrong hands can have fatal consequences ...

And he is so right.

On Thursday, 21 January the home of a 34-year-old Alice Springs man was searched and, as well as drugs, two .22 calibre rifles were seized, one of which was sawn-off, and a 12-gauge rifle was also seized. The two rifles had apparently been stolen during a break-in in October 2015. These disturbing accounts only re-enforce the need for strong measures to prevent firearms from getting into the wrong hands. By that, I mean the Rebels bikie gang members or methamphetamine addicts. I am not saying that the bikies are methamphetamine addicts. There are two different kinds of groups there.

The Criminal Code Amendment (Firearms Trafficking) Bill 2015 will amend the act to implement the coalition government's election commitment contained within the government's policy to tackle crime which we released in August 2013 to introduce a mandatory minimum sentence of five years imprisonment for firearm trafficking offences. It will see the maximum penalties of those offences doubled from 10 years imprisonment and a fine of 2,500 penalty units, or both, to 20 years imprisonment or a fine of 5,000 penalty units, or both. The introduction of increased maximum penalties and mandatory minimum sentences of five years imprisonment for firearms trafficking offences is consistent with the government's commitment to pursue a strong and nationally consistent approach to gun crime.

Members opposite, in their desire to be difficult and to foster the ambitions of hard-core criminals to get away with light sentencing, have expressed issues around mandatory minimum sentencing. The coalition government believes that mandatory minimum sentences are necessary and will act as a strong deterrent for those who would otherwise engage in illicit firearms trafficking. As the provisions do not impose a mandatory non-parole period, the actual time a person will be incarcerated will remain at the discretion of the sentencing judge. The level of judicial discretion provides protection against arbitrary detention and demonstrates the government's commitment to limiting any infringement against this right. These measures also do not apply to children, which in legal terms means anybody under the age of 18.

For the Australian Labor Party to have taken this position is difficult to understand. On two prior attempts by the coalition government to crackdown on illegal firearms trafficking by introducing mandatory minimum sentences, our amendments have been blocked by Labor's hypocrisy. This is all a bit hypocritical if you ask me, because they claim that their opposition to mandatory minimum sentencing is laid out in the Australian Labor Party's national platform, although in 2010 Labor legislated mandatory minimum sentencing for people smuggling. So, while Labor goes soft on crime, the coalition government is getting on with delivering what we promised to the Australian people: a safer and more secure nation.

The criminal use of firearms is a matter of considerable concern to the community. The introduction of even a small number of illegal firearms or firearms parts into Australia can have a significant impact on the threat posed by the illicit market. The amended penalties aim to more adequately reflect the serious nature and potential consequences of supplying firearms and firearm parts to the illicit market. Tough sentences for illegal firearms trafficking send a strong message that gun related crime and violence is a serious threat to the safety of all Australians.

These amendments are in addition to the work the coalition government has done since coming to government to create a safer and more secure nation. After savage cuts by Labor, one of the first things we did when we came to government was invest $88 million to increase screening and examination of international mail, air and sea cargo. That is right: $88 million. This funding boost gives our agencies greater tools to detect illicit firearms and firearm parts at our borders.

Shortly after coming to government we introduced the National Anti-Gangs Squad, with strike teams now in Victoria, New South Wales, Queensland and Western Australia, and liaison officers in the Territory and all other jurisdictions. Their role is to target outlaw motorcycle gangs within Australia, particularly their role in firearms trafficking. Since the introduction of the anti-gang squad in 2013, 535 illegal firearms have been taken off the streets around the country. In February 2015 the coalition government closed a loophole that allowed criminals to avoid prosecution for trafficking firearm parts into Australia. Without these amendments, criminals could evade trafficking offences and penalties simply by breaking down the firearms and then trafficking the parts separately.

In response to the joint Commonwealth-New South Wales Martin Place siege review, which identified weaknesses in Australia's ability to maintain and share firearm information between jurisdictions, CrimTrac is developing the National Firearms Interface to assist police and firearms registration authorities register firearms, license firearms owners and track the movement of firearms in and out of Australia. This interface will provide a single record of each firearm in Australia, detailing every event in its history—from importation or manufacture for sale in Australia through to its exportation or destruction. It will create a national picture of firearm data by linking with existing state and territory firearm registration systems, which will continue to be used. This will improve information and intelligence sharing on firearms, providing essential support for law enforcement agencies.

Mr Deputy Speaker Kelly, as you know, I am the wife of a police officer, so I think it is really important that we on this side of the House do everything we can to make sure that we provide legislative support for our men and women in blue. Their job is to keep us safe, and I think that they do a fantastic job. I commend the minister for putting this legislation before us, and I call on those opposite to support our men and women in blue, to stop this hypocritical behaviour and to get on board and sign up. Let's provide this support to our men and women in blue. With that, I commend the bill to the House.

Comments

No comments