Page 2304 - Week 07 - Thursday, 4 August 2016
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video
the next government to determine. This decision is consistent with the approach that has been taken by the government to date, which has always been to pursue a considered and targeted response to the threat posed by serious and organised crime in our community.
Turning to this bill today, I wish to foreshadow that the government will be moving a number of amendments to the bill. These amendments will address issues that have been raised by key stakeholders about the bail review power and the exclusion order provisions following the bill’s introduction earlier this year. There will also be another amendment to the Firearms Act to address matters considered by the Court of Appeal in the case of the Director of Public Prosecutions v Scheele.
As I have said on many occasions, the picture of organised criminal activity in the ACT is not the same as in other jurisdictions but these groups are flexible and adaptable. The criminal environment is changing rapidly and we need to continue to monitor their activities and take a proportionate response to them.
The Crimes (Serious and Organised Crime) Legislation Amendment Bill reflects this measured approach. It strengthens our ability to tackle organised crime in the community. The bill introduces exclusion power orders to provide ACT Policing with better tools to deal with antisocial behaviour that can result in the intimidation of members of the public or reasonably cause them to fear for their safety.
This amendment repeals the move-on order powers in the Crime Prevention Powers Act 1998 and introduces new exclusion powers which are more clearly delineated and clearer about the circumstances in which they will apply. Importantly, the amendments make it clear that an exclusion order can be issued to groups of two or more people and ensures that those who may be subject to an order under this part are aware of their rights and responsibilities.
The bill also expands the categories of offence which are subject to non-association and place restriction orders under part 3.4 of the Crimes (Sentencing) Act. The non-association and place restriction orders will be expanded to apply also to people convicted of certain serious offences such as serious drug offences, serious property offences and ancillary offences such as conspiracy and attempt, meaning that a broader range of convicted offenders may be subject to these orders in certain circumstances.
The bill also introduces, as members have noted, a new bail power of review for the Director of Public Prosecutions in the Bail Act. This power will be available in exceptional circumstances—I want to stress that: exceptional circumstances, not wideranging or common circumstances—and it will be available where the director believes there has been a manifestly wrong decision made in relation to the grant of bail and the consequences of not seeking a review of that grant could have significant potential to negatively affect public safety.
As members have noted, there have been a number of representations about this amendment since the bill was introduced and I know that a number of stakeholders retain reservations and concerns about its use. That said, the government is confident that the Bail Act already appropriately safeguards the rights of an accused in the bail process, and the safeguards in this bill are equally strong.
Next page . . . . Previous page . . . . Speeches . . . . Contents . . . . Debates(HTML) . . . . PDF . . . . Video