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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2806 ..

The Assembly voted-

	 Ayes 9  			Noes 8

 Mrs Burke  	Mr Osborne  	Mr Berry  	Mr Stanhope
 Mr Cornwell  	Mr Rugendyke  	Mr Corbell  	Ms Tucker
 Mr Hird  	Mr Smyth  	Mr Hargreaves  	Mr Wood
 Mr Humphries  	Mr Stefaniak  	Mr Kaine  
 Mr Moore    			Mr Quinlan

Clause 19 agreed to.

Clauses 21 and 22, by leave, taken together.

MR STANHOPE (Leader of the Opposition) (1.08 am): I repeat the points I made, for the sake of the record, Mr Speaker.

Clauses 21 and 22 agreed to.

Clause 23 agreed to.

Clauses 24 to 27, by leave, taken together.

MR STANHOPE ( Leader of the Opposition) (1.08 am): The Attorney's amendments to the Crimes Act, as set out in clauses 26 and 27 of the bill, relate to power to enter premises to effect arrest. Again, I think the scope of these amendments is, in the words of the Law Society, breathtaking. I think the writers of The Castle would have to re-script the film if this legislation passes the Assembly, as it effectively would render our homes as other than our castles.

The current power of a police officer to enter premises to effect an arrest is limited to circumstances where the officer has power to arrest without warrant on reasonable belief-this bill has already amended those words to "reasonable suspicion"-that an indictable offence is involved, and the officer believes that the person is on the premises.

However, I think with these amendments the Attorney and his supporters in this Assembly are giving the police open slather to enter any home at any time during the day or night. There is a minor limitation on the timing of the entry in that the police cannot enter a dwelling between 9 pm and 6 am, except on certain conditions. But they can enter during those times without a warrant. How has this come about?

The pre-condition that an indictable offence must be involved is reduced by the amendment to "an indictable offence or relevant summary offence". A "relevant summary offence" includes possession of an offensive weapon. There are issues around what is an offensive weapon, and we have previously had this debate in this place. The definition in the Crimes Act is that an offensive weapon is essentially anything that can be used as a weapon.

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