Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I thank all members who have made a contribution to this important debate on the Criminal Code Amendment (Firearms Trafficking) Bill 2015. The coalition at the last election made a commitment to the Australian people that we would implement tougher laws for gun related crime. Illegal firearms are an ongoing threat to the Australian community. The Australian Crime Commission conservatively estimates that there are more than one-quarter of a million long-arms and 10,000 handguns within the illicit firearms market. Although there is no single individual or group which dominates the trafficking and supply to this illicit market, we know that the illegal use and possession of firearms is a significant element in organised criminal activity.

Once illicit firearms cross our borders and enter our communities, they are used to facilitate violent crimes, fuelling violence, fuelling intimidation and fuelling fear on our streets. This bill will ensure that the punishment for those who traffic in firearms or in gun parts reflects the grave threat that they present. It will introduce a mandatory minimum sentence of five years imprisonment for offenders convicted of trafficking firearms or firearms parts under the Criminal Code Act 1995. This reflects the seriousness with which the government views gun crime, and the gravity of supplying firearms and firearms parts to the illicit market. That is why, in addition to the mandatory minimum sentence, the government is also doubling the maximum penalties for firearms trafficking from 10 years imprisonment and 2½ thousand penalty units to 20 years imprisonment and 5,000 penalty units. This is consistent with comparable offences in Commonwealth, state and territory jurisdictions. For example, similar offences for firearms trafficking in the ACT, Queensland, New South Wales and South Australia have maximum penalties of 20 years imprisonment. Both of these measures are necessary to ensure that the serious offences of trafficking firearms within our country, and into and out of Australia, are matched by appropriate punishments. It is vital that we put in place substantial penalties on all trafficking offences, with the aim of preventing even one more firearm from entering the illicit market.

However, these mandatory minimum sentences for firearms trafficking are not without safeguards. In response to the findings of the Senate Legal and Constitutional Affairs Legislation Committee, additional clarification regarding two matters has been provided by way of an addendum to the explanatory memorandum. Those matters were in relation to who bears the onus of proof in relation to the age of defendants, and the operation of the mandatory minimum sentences in relation to individuals with a significant cognitive impairment. In relation to the first matter, the addendum clarifies that the defendant bears an evidentiary burden regarding their age. If the defendant discharges that evidential burden, the prosecution must prove beyond reasonable doubt that the defendant is aged over 18. In relation to the second matter, the addendum confirms that, as there is no non-parole period attached to the mandatory minimum sentence, a court is able to take into account mitigating factors, such as cognitive impairment, in determining how long an offender will spend in custody. The addendum also points to relevant sections in the Criminal Code which protect people with a mental impairment from criminal responsibility.

The combination of mandatory minimum penalties and increased maximum penalties will send a strong message to the community that the illegal trafficking of firearms will not be tolerated and will act as a strong disincentive for people seeking to import firearms or firearms parts illegally into Australia. We do this because even one illegal gun entering the country can cause an enormous amount of damage, and we want to make sure that we are sending the strongest possible signal that we are not going to tolerate it. I present the addendum to the explanatory memorandum.

Question agreed to.

Bill read a second time.

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