Legislative Assembly for the ACT: 2017 Week 14 Hansard (Tuesday, 28 November 2017) . . Page.. 5173 ..
The existing inability for police to secure a crime scene in private premises while obtaining a search warrant under sections 194 or 205 of the Crimes Act is especially problematic in relation to OMCG-related shootings where rival gangs, despite being the victim of a crime, will not consent to police entry as they do not want to be seen to be cooperating with investigations.
I do not propose to go into detail on the powers, noting that other speakers have done so; I also did when introducing the bill. I do note that these measures in the bill ensure that citizens are not exposed to unreasonable infringements on their privacy, and that limitations on human rights are proportionate.
Every effort has been made in the drafting of this bill to ensure that limitations on rights are proportionate by enshrining safeguards but allowing police to secure a crime scene and ensure that evidence relating to the commission of the serious offence is not compromised. Further, if police act in a way that is inconsistent with legislation, it may affect the admissibility of evidence and the successful prosecution of a matter, as is the case with any misuse of police powers.
This bill is a testament to the ACT government’s commitment to tackling serious organised crime in a logical and evidence-based manner. The government will continue to act and let serious organised crime gangs know that our community does not tolerate their criminal behaviour. I commend the bill to the Assembly.
Question resolved in the affirmative.
Bill agreed to in principle.
At 6 pm, in accordance with standing order 34, the debate was interrupted. The motion for the adjournment of the Assembly having been put and negatived, the debate was resumed.
Bill, by leave, taken as a whole.
MR RAMSAY (Ginninderra—Attorney-General, Minister for Regulatory Services, Minister for the Arts and Community Events and Minister for Veterans and Seniors) (6.00), by leave: Pursuant to standing order 182A(b) and (c), I move amendments Nos 1 to 7 circulated in my name together [see schedule 2 at page 5194]. They are minor and technical in nature and in response to scrutiny committee comments. I table a supplementary explanatory statement to the government amendments.
The amendments that I am moving today will address the issues that have been raised by the scrutiny committee, and will introduce a legislative requirement to review the legislation. The changes show that the government is taking feedback on its legislation seriously, and that it is committed to being transparent.
As has been noted, the Bar Association and the Law Society have jointly written to the members of this Assembly to express their disagreement with this legislation. At