Page 5171 - Week 14 - Tuesday, 28 November 2017
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least restrictive means possible. This includes, where possible, cordoning off only part of the premises so as to allow the residents to remain in other parts of the property.
Police will also need, when necessary, to provide the occupants with an alternative place to stay for the duration of the establishment of the crime scene. A crime scene cannot last for longer than six hours on a private property without a search warrant or, where the crime scene relates to a motor vehicle which has been relocated to a secure facility, 48 hours. If the police fail to obtain a search warrant within this time frame, they cannot continue to secure the premises. It is expected that in most instances the police will not need the whole six hours to secure the scene. A telephone warrant is likely to be granted in a much shorter time frame, although the bill does account for situations where there may be a delay in acquiring a search warrant. Furthermore, when it is no longer reasonably necessary to protect or preserve evidence at the premises, the bill provides that the crime scene is no longer in effect.
I foreshadow there are a number of government amendments today and the Greens will be supporting the government amendments to the bill. The amendments appear to be in response to concerns that some in the community have raised regarding the bill. I believe that these amendments are entirely appropriate and that they will ensure further oversight of the new powers.
The amendments make clear that the police officer should obtain consent to establish a crime scene from the occupier rather than the owner if the premises are occupied. If the premises are not occupied, the police officer should get consent from the owner. The amendments also require the minister to review the crime scene power one year after its operation. This review must be presented to the Assembly within six months of the review. As these new police powers are quite significant, we consider it appropriate that there is a statutory review and that members of this place have an opportunity to consider that.
I think the public would expect the police to be as transparent as possible in relation to their use of these powers. The review will enable us to determine whether the powers are operating as has been expected and for the legislation to be changed or refined if not or if it finds that that is required. I, for one, will certainly be looking forward to the outcome of that review process.
In summary, the Greens will be supporting the bill. We believe that it gives practical measures for police to investigate and disrupt OMCG activity in Canberra. The new drive-by shooting offence will assist police in their investigations and is likely to lead to more successful prosecutions where previously offences have been difficult to have stick.
I acknowledge that the crime scene powers are significant. However, the Greens have formed the view that on balance they are necessary and that the bill has sought to appropriately limit the circumstances where the power can be used. We believe that it will enable police to secure a crime scene to prevent the destruction of evidence, which will increase the likelihood of successful investigations. So, with those remarks, we will be pleased to support the bill tonight.
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