Page 4317 - Week 12 - Thursday, 24 October 2019
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come into play post conviction, as the individual will already have been found guilty of a relevant offence. At this stage, the Director of Public Prosecutions can make an application for a sentencing court to consider if there is some form of criminal group connection.
The court needs to be satisfied beyond a reasonable doubt that the criminal group factor exists. If the court finds that the offence was committed in connection with a criminal group, the maximum penalty available increases by 25 per cent. If satisfied that the offence was committed while the person was associated with a criminal group, the maximum penalty available increases by 10 per cent. The resulting sentence is, as always, a matter for the court.
This approach ensures that the focus is on deterring the individual from being involved in criminal gangs. The provisions have been carefully drafted in a way that is consistent with human rights to ensure that they do not involve guilt by association or criminalise relationships. “Declaration laws”, such as consorting laws and control orders, fail on a values test and have been ineffective in other jurisdictions. For this reason, the bill targets the individual who is participating in organised crime as a method of disrupting criminal activity and discouraging involvement in criminal gangs.
A further public order aspect included in the bill is the exclusion order scheme. The bill will insert a new mechanism in the Liquor Act 2010 to allow the Chief Police Officer to apply to the Magistrates Court to exclude a person from prescribed licensed premises. The effect of the exclusion order is that the person must not enter, attempt to enter or remain on certain licensed premises for up to 12 months. The offence is punishable by a penalty of 100 penalty units and/or 12 months imprisonment.
Before making an exclusion order, the Magistrates Court must be satisfied that the person has, in the 12 months before the application, participated in one or more incidents of violent conduct on or in the immediate vicinity of licensed premises while in the company of others and poses a risk to public safety.
The order can be tailored to allow a person to go to specific premises if they are able to demonstrate a genuine need to be there and allowing them at that premises would not pose a risk to public safety. In addition, there will be an ability to apply for variation or revocation in appropriate circumstances.
The bill also reforms the territory’s liquor and construction regulatory schemes to create an important tool for targeting and disrupting organised crime. The amendments provide an opportunity to ensure that the safety of the public is protected by ensuring that the wrong sort of people are not involved in these industries.
The bill amends the Liquor Act and the Construction Occupations (Licensing) Act to provide the Chief Police Officer with mechanisms to apply to the ACT Civil and Administrative Tribunal for the cancellation of a liquor licence or permit, or construction licence, on the basis of a person’s criminal activity. The ACAT can only make an order if it is satisfied that the licensee presents an unacceptable risk to community safety due to their criminal activities. This is a high threshold. When
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