Page 4316 - Week 12 - Thursday, 24 October 2019
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While other governments have hastily introduced laws targeting organised criminal groups with limited success, the ACT government approach has ensured that law enforcement have the tools available to them to best target illegal activity of these groups. The purpose of the bill is to disrupt the activities of criminal organisations and their members, including by discouraging people from joining or remaining involved in criminal groups.
The amendments in this bill are not being introduced in isolation. The government has committed significant resources to boost law enforcement’s ability to target organised crime, including $980,000 in 2018 to the ACT Office of the Director of Public Prosecutions to boost its ability to seize criminal assets; a further $1.6 million over four years in the 2018-19 budget to Taskforce Nemesis; and $2.8 million over four years for the ACT to address serious and organised crime, including to strip criminals of their criminal profits.
In addition, Dr Terry Goldsworthy is currently undertaking a review of the effectiveness of ACT police powers and crime scene powers. The findings of the review, which will be available this year, will help inform future approaches to organised crime in this territory. The amendments proposed today sit alongside this important work by providing additional tools for law enforcement to target organised crime.
The bill introduces tiered offences of affray to address serious incidents of public disorder. The amendments complement the existing offence of affray, which carries a maximum penalty of two years imprisonment. The new offences provide for a maximum of five years imprisonment where the violent conduct involves two or more people and a maximum of 10 years imprisonment where the violent conduct involves five or more people.
The key purpose of these amendments is to acknowledge and respond to the increased danger that is caused to the public by more serious incidents of violence involving multiple people. Offences such as affray impact innocent witnesses, who are often frightened, distressed and unable to go about their lawful activities. The bill reflects that the larger the public disorder incident is, the more severe the effect is on bystanders. As a government, we take this issue seriously and we need to ensure that law-abiding citizens are protected from this kind of behaviour. The maximum penalties for offences of fighting and offensive behaviour will be increased to better align with the new tiered offences of affray.
The bill also introduces a new sentencing regime for offences committed in connection with or while a person is associated with a criminal group. The amendments increase the maximum penalty for a range of offences which are likely to be committed by people involved in organised crime, including those involving violence, drugs, firearms, and financial matters such as money laundering. These increased penalties reflect that gang members view themselves as above the law and free to commit offences with impunity.
The purpose of these amendments is to appropriately punish, at the sentencing stage, those criminals who have some connection with criminal groups. The provisions
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