Page 2714 - Week 09 - Tuesday, 16 September 2014
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Rather than allow this broad power, the bill should require limitations, for example that the officer could search someone if they have a reasonable suspicion. Many people, of course, will not mind being searched; others might feel persecuted. There is always a concern that the powers might not be used fairly or appropriately. As the scrutiny committee notes:
At common law power does not exist for the personal search by police of suspects prior to their being arrested. There is no general power at common law … enabling police to stop and search suspects, either by frisk or more intrusive search, or to seize their property.
The report continues:
Of course this statement applies with more force to a person who is not suspected of crime.
There are a number of other areas raised by the scrutiny committee, such as the police power to require provision of a name and address without any limitation or justification; the power of an authorised officer to direct a person to leave an event venue, which is a very widely expressed power; and the power of authorised officers to deny entry to someone if they decide it is likely they will commit an offence, which is also a very widely expressed power.
Generally, I am supportive of the need to ensure major events run smoothly and safely. The legislation sets out new laws to help keep serial pests away from events, and to prevent other disruptive or dangerous behaviour such as pitch invasion.
On that basis, I support this legislation, I support the intent of the legislation and I look forward to working with Assembly colleagues on the proposed amendments so that we strike the appropriate balance between security, safety and efficiency, on the one hand, and ensuring appropriate protection of people’s rights and liberties, on the other.
MR CORBELL (Molonglo—Attorney-General, Minister for Police and Emergency Services, Minister for the Environment and Minister for Capital Metro) (11.34), in reply: It is significant that the Assembly is considering this bill today, so soon after the Australian government’s decision to raise the national terrorism public alert level from medium to high. That decision, of course, is based on advice from security and intelligence agencies who have relied on a body of evidence that points to the increased likelihood of a terrorist attack in Australia. Raising the alert level to high is designed to increase vigilance and raise awareness.
The government is therefore working closely here in Canberra with all agencies to ensure our plans and arrangements are in place to ensure the ongoing security and safety of our community. This includes for major events which are scheduled for 2015. The measures in this bill will help support ACT Policing’s ability to effectively respond to the security assessments for major events.
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