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Legislative Assembly for the ACT: 2001 Week 8 Hansard (9 August) . . Page.. 2814 ..

MR STEFANIAK (Minister for Education and Attorney-General) (1.40 am): Mr Speaker, we are dealing with the noise abatement section of the legislation. Currently the section as it stands enables police to give a noise abatement direction where offensive noise is being emitted from any premises. Such directions are often complied with initially but then subsequently ignored. Even if a person is charged with an offence for failing to comply with a direction, the noise may remain a source of annoyance to neighbours for hours or even days.

The amendment will allow police to seize an item that is suspected of being used in connection with the offence of failing to comply with a direction, for example stereo equipment. In practice, this will mean that the owner of the equipment is given at least one chance to comply with a direction before the equipment is confiscated. Items may be seized for only up to 48 hours, unless a person is charged with an offence under the section and the item is evidence of the offence.

Ms Tucker's amendment would require the police to warn the owner that the equipment may be confiscated prior to actually confiscating it. We would oppose that and simply say that it is certainly usual police practice to give such a warning in any event and this does not need to be expressly stated in the legislation. It probably does not matter if it is.

MR STANHOPE (Leader of the Opposition) (1.41 am): I indicate that the Labor Party will support Ms Tucker's amendment. This is a very difficult issue. I know that some people in the suburbs are driven mad by noise. We are aware that this is an intractable problem. But I have to say that I have some concerns about the government's proposal to make police officers responsible for carrying away CD players.

I think this is one of those issues that will embroil police in an activity that they are not going to feel at all comfortable with. I cannot imagine that this is a power that the police want. There is a whole stack of powers in the bill that the police might have asked for but I cannot believe they asked for this one. I feel for a police force that is asked to go to houses where there are late night parties-

Mr Osborne: Can you imagine saying to 50 drunks, "Give me your stereo."

MR STANHOPE: That is right. That is precisely my concern.

Mr Stefaniak: We are happy to accept your amendment, mate.

MR STANHOPE: Mr Attorney, I do not support this provision but I recognise what an intractable problem noise in the suburbs is. We will support Ms Tucker's amendment.

I think you have done a cruel thing to the police. I am concerned about the scenario that Mr Osborne paints of a couple of young constables out by themselves in the middle of Tuggeranong or Belconnen trying to take out of a house a CD player and speakers being used at a party that has been going for six hours; and then having to load them into the back seat of the police car and drive around with them for the rest of the night.

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