Page 994 - Week 04 - Thursday, 18 June 1992
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CRIMES (AMENDMENT) BILL (NO. 2) 1992
MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (11.06): Madam Speaker, I present the Crimes (Amendment) Bill (No. 2) 1992.
Title read by Clerk.
MR CONNOLLY: Madam Speaker, I move:
That this Bill be agreed to in principle.
The Crimes (Amendment) Bill (No. 2) 1992 is the second Bill of the legislative package on domestic violence recommended by the ACT Community Law Reform Committee. Section 349D of the Crimes Act currently gives a police officer power to seize a weapon if the officer has reasonable grounds for believing that its seizure is necessary to prevent the commission or repetition of an offence, to prevent a breach of the peace, or to protect life or property. This section was drafted with domestic violence incidents in mind. The committee considers that this section needs amendment to offer victims of domestic violence more effective protection against weapons.
The proposed amendments, firstly, extend the scope of the section in relation to seizure. The proposed amendments will allow a police officer to seize any weapon in or on premises where a domestic violence incident has occurred and the officer has formed the view that it is necessary. It allows weapons to be seized whether owned by the alleged domestic violence perpetrator or not. These amendments would also allow weapons to be seized from motor vehicles which are under the control of the alleged perpetrator. While the existing section 349D allows police to seize weapons, it does not specifically allow them to search for them. The proposed amendments allow a police officer to search premises and motor vehicles for weapons in circumstances where the officer would be entitled to seize the weapon. These amendments would also allow police to use such force as is necessary to seize a weapon, which would, for instance, allow police to break open locks.
The last proposed amendment to section 349D relates to the length of time seized weapons may be retained. Currently section 349D provides that, if no prosecution for an offence has been instituted within 60 days relating to the entry to the premises, then the weapon shall be returned. The proposed amendments extend this to applications for domestic violence protection orders or interim protection orders, so that the weapon will be returned after 60 days unless criminal proceedings have been instituted or an application for a domestic violence protection order has been made. I will now present the explanatory memorandum for the Crimes (Amendment) Bill (No. 2) 1992.
Debate (on motion by Mrs Carnell) adjourned.
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