George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

I thank honourable senators for their contributions to the second reading stage of the bill, which will increase maximum penalties for firearms traffic offences. The risk posed to community health and safety by trafficked firearms endures over time. Due to their imperishable nature, firearms can remain in the illicit market for decades and be used in the commission of countless crimes over their lifespan.

It is regrettable that the opposition has not supported mandatory minimum sentences. Although the opposition claims to oppose mandatory minimum sentences, it has support them on several occasions—for example, in 2010 with people-smuggling offences in the Migration Act. As a general rule, mandatory minimum sentences ought not to form part of our criminal law, except in exceptional circumstances. It is the government's position that these circumstances are exceptional and mandatory minimum sentences are reserved for the most serious crimes. And, as Senator Williams noted, firearms trafficking is a serious offence for which the penalty must fit the crime. Not only is it, itself, a serious offence but it provides the gateway for the commission by those who traffic in firearms for the commission of other serious offences. So the government is unconvinced by the argument that this case—that is, the serious offence of trafficking in firearms—does not fall within the exception to the general rule against mandatory minimum sentencing.

The government appreciates the support of Senator Xenophon and senators from the Nick Xenophon Team for strong maximum penalties for firearms trafficking offences. However, once again, it is unfortunate that they do not see the benefit of taking a similarly strong approach to enforcing minimum sentences for such grave offences.

I commend the bill to the Senate. I look forward to the committee stage of the debate. But the resolution of the government to deal appropriately with what I think most members of the Australian community do regard as a serious matter which regards serious treatment, particularly in the sentences which the courts should award to those convicted of such crimes, is something the government is determined to deal with.

Question agreed to.

Bill read a second time.