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Legislative Assembly for the ACT: 1997 Week 3 Hansard (10 April) . . Page.. 841 ..

MR HUMPHRIES (continuing):

This Bill is mainly a consequence of amendments made in other Bills within the domestic violence package. Clause 4 of the Bill amends definitions in the Crimes Act 1900 so that terms are used consistently in both the Bail Act 1992 and this Act. Clauses 5 and 6 clarify and revise police powers to enter, search for and seize a firearm, ammunition and a firearms licence. This applies when a police officer enters premises under existing powers and also when a magistrate has made an order for seizure of those items under the Domestic Violence Act 1986 or Part X of the Magistrates Court Act 1930. Clause 7 provides a power of arrest without warrant to cover domestic violence situations. Clause 8 is consequential upon amendments to other Acts in the domestic violence package. I commend the Bill to the Assembly.

Debate (on motion by Mr Wood) adjourned.

MR HUMPHRIES (Attorney-General) (10.54): Mr Speaker, I present the Domestic Violence (Amendment) Bill 1997, together with its explanatory memorandum.

Title read by Clerk.

MR HUMPHRIES: I move:

That this Bill be agreed to in principle.

This Bill, Mr Speaker, amends the Magistrates Court's powers when making a protection order under the Domestic Violence Act 1986 in a manner which is consistent with the firearms legislation. The Firearms Act 1996 was passed in the Assembly on 3 December last year and is to commence on 1 May 1997. As the Domestic Violence Act presently stands, when the court makes a protection order, and the person against whom the order is made holds a weapons licence, that licence is cancelled unless the court otherwise orders. Further, when the court makes an interim protection order, it may, if the respondent is the holder of a licence, make an order suspending the licence. In these situations the court is also able to order the seizure and detention of any weapon in the possession of the licence holder. These amendments remove the discretion of the court to enable a firearms licensee to retain that licence when making a protection order, so that, on the making of a protection order, the licence is automatically cancelled and, on the making of an interim protection order, the licence is automatically suspended.

In addition, the amendments to section 14A of the Domestic Violence Act extend the court's power to enable it, when making an interim protection order or a protection order, to order not only the seizure and detention of any firearm but also a firearms licence and any ammunition held by the respondent. The police have expressed some concern that, unless they have the power also to seize the licence in these circumstances, the licence holder could use it to obtain another weapon. That would obviously defeat the purpose of the provision, which could have disastrous consequences. These amendments, therefore, serve as a powerful protection for a person who is caught in a domestic violence situation.

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