Page 1117 - Week 04 - Tuesday, 28 March 2017
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Islander people in the AMC already—and I am concerned that any provisions in this regard may exacerbate or potentially exacerbate that situation.
So for those reasons—and the reasons I have outlined in more detail—the Greens do not support the NAPRO element of the bill, and that continues from the position we made earlier. I think this is simply an extension of that discussion. We do, however, as I outlined earlier, support the remaining elements of the bill and believe they will make a positive contribution to the criminal legislation of the territory.
MR STEEL (Murrumbidgee) (11.16): Today I would like to outline my support for the Crimes Legislation Amendment Bill 2016. This bill brings about reforms in several key areas which will improve the operation of a range of criminal justice provisions in the ACT.
Part of this bill is an amendment to the Crimes (Child Sex Offenders) Act 2005 which will allow police officers to apply for an immediate entry and search warrant if a registrable offender has breached or is likely to breach a prohibition order. This is an important reform.
The child sex offenders act currently provides that a senior police officer can apply for an entry and search warrant for a registrable offender with a supporting affidavit which sets out the grounds for the warrant. At present a magistrate may issue a warrant if satisfied on reasonable grounds that the offender has incorrectly reported or will incorrectly report personal details or the offender is subject to an order of the child sex offenders act prohibiting certain conduct and has breached or is likely to breach that order.
What this amendment does is provide the basis for officers who believe that immediate entry and search is necessary and that there is no time to prepare an affidavit. While the child sex offenders act currently allows for an immediate entry and search warrant, it is only on the grounds that the applicant believes the warrant is necessary to verify the offender’s personal details. It does not provide for an immediate entry and search warrant where the applicant believes that such a warrant is necessary because the registrable offender has breached or is likely to breach an order prohibiting certain conduct, which may include living or working with children.
Another key aspect of this legislation is amending the Crimes (Sentencing) Act 2005 to provide that a court can make a non-association and place restriction order for serious firearm offences and the offence of money laundering. This will help better address organised crime in the ACT.
A non-association order prohibits an offender being with a named person or communicating with the person. A place restriction order prohibits an offender being in or within a stated distance of a named place or area or attempting to be in or within the stated distance of the place or area.
This bill provides that a court can make a NAPRO for serious firearm offences and the offence of money laundering. The least restrictive approach has been taken while still supporting community safety. The purpose of the limitation on the right to
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