Page 373 - Week 02 - Tuesday, 20 February 2018
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forced entry. These instances have frustrated police attempts to investigate OMCG-related crime.
The bill authorises the Chief Police Officer to apply to the Magistrates Court for an order that the occupier of a premises remove fortifications. A fortification is defined in the bill as
… a structure, device, or other thing, or a combination … attached to a premises if [it]—
(a) exceeds what is reasonably necessary to provide security for the … lawful use of the premises; and
(b) either—
(i) prevents uninvited entry to the premises or part of the premises; or
(ii) would be considered by a reasonable person to be intended to prevent uninvited entry to the premises or part of the premises.
This definition is appropriately targeted to ensure that only premises which have been fortified to prevent police access are impacted. A fortifications removal order would prescribe a period in which the order must be complied with. A court will determine that time frame based on a number of factors, including if the fortification provides a public safety risk or if the fortification is such that it will take some time to be removed safely.
To grant an order, the court must be satisfied that there are reasonable grounds to believe the premises are, have been or will be used in relation to a fortification offence, defined as an offence punishable by five years imprisonment or more. This will ensure that the scheme is aimed at disrupting serious organised crime, including offences relating to manufacturing and supplying controlled drugs.
The bill also creates new offences in relation to fortifying a premises. It will be an offence to fortify a premises where the person knows the premises are connected to a fortification offence and intends that the fortification will prevent the uninvited entry to the premises or part of the premises. It will be an offence to replace or restore a fortification which was previously subject to a fortification removal order.
The Greens welcome the judicial oversight of the scheme. It is significant to allow police to interfere with structures on a private property and therefore it is appropriate that police must make their case to the court to be able to do this. The Greens overall believe that this scheme will significantly assist police in their efforts to combat OMCG-related violence in Canberra, and therefore we are pleased to support this bill today.
MR STEEL (Murrumbidgee) (11.32): I rise in support of the bill and the ACT government’s measures to ensure that our police have the most up-to-date range of powers and offences to tackle and prosecute criminal activity in the territory. I want to start by saying that, as a relevant context to this bill, the ACT is the safest of all
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