Page 1206 - Week 05 - Wednesday, 24 June 1992
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grounds where a domestic violence incident has occurred. They will be able to seize a weapon located in or on a motor vehicle whose owner was connected with the domestic violence incident which is being investigated, and the police will be able to seize a weapon connected with the domestic violence incident regardless of who the owner is or whether the owner is known.
I think these kinds of amendments are necessary to turn the table on domestic violence, especially when it is life threatening. Domestic violence is pervasive throughout Australia and probably throughout the world, and this is no doubt the case in the ACT. It is important that the perpetrators of domestic violence should not be able to hide behind unintended loopholes in the law. It was not the original intent that police powers to seize weapons in these circumstances should be so constrained, so we support the amendments which will clarify this situation.
Debate interrupted.
ADJOURNMENT
MADAM SPEAKER: Order! It being 4.30 pm, I propose the question:
That the Assembly do now adjourn.
Mr Berry: Madam Speaker, I require that the question be put forthwith without debate.
Question resolved in the negative.
DOMESTIC VIOLENCE (AMENDMENT) BILL 1992
[COGNATE BILL:
CRIMES (AMENDMENT) BILL (NO. 2) 1992]
MRS CARNELL: I note that New South Wales recently passed the Firearms Legislation (Amendment) Bill. This will allow the police, with a warrant, to enter a house where domestic violence is threatened or police suspect that it will occur and to confiscate any weapons that might be used. It should be stressed that this is before any incident has occurred. It is aimed at preventing domestic violence rather than simply redressing the situation after it has occurred.
I understand that this power already exists in the ACT legislative framework, and the amendments before us today will increase police powers to take preventive action as well. Along with all other members of the Assembly, I am sure it is the preventive action that we are looking for with this legislation. Members of the Assembly should be aware that under the ACT framework a police officer can, in urgent circumstances, enter a house without a warrant if a serious breach of the peace is likely or a person is in imminent danger of being injured. That is a particularly sensible approach. We will be supporting the amendment to the Crimes Act in addition to supporting the Domestic Violence (Amendment) Bill.
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