Page 376 - Week 02 - Tuesday, 20 February 2018
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evict the tenant. This approach, of course, will not work if the occupier of the premises is also the owner. Law enforcement agencies across Australia have reported the use of fortifications by criminal gangs to frustrate police execution of search warrants. Fortification removal laws have been developed in all other Australian jurisdictions to address this problem.
The government and ACT Policing worked together to develop this bill, and it supports our police in a comprehensive and practical way. It removes a current barrier, stopping police from accessing properties across Canberra to disrupt, disable and dismantle the activities of organised crime. The bill will strengthen our local response to organised criminal gangs. The government understands that criminal gang activity creates fear in the community, and the government is committed to tackling this activity to ensure that all Canberrans feel safe in our community.
A Queensland government review of fortification laws found that fortifications send a message to the community that the occupier of the premises is above the law. Criminal gangs are not above the law in this territory. These new laws will help reduce the presence of clubhouses in Canberra and increase community safety. This bill will assist police to carry out crucial investigative work to stop criminal gang activity in the territory.
These laws will also enhance the safety of our police officers. ACT Policing does significant work every day to keep our community safe and Canberra benefits from a hardworking, dedicated and innovative police force. Policing is a difficult job, and the commitment shown by our police officers should be recognised. The government has an obligation to protect the police officers who look after our community. Heavily fortified premises increase the level of force that needs to be applied by police in the execution of a search warrant. Fortification removal orders and fortification inspection orders will provide for the removal of fortifications and the assurance that they have been removed
As premises subject to fortification removal orders are linked to criminal activity, the removal of fortifications will assist police to access the premises to execute any warrants. That means that they do not have to use a greater level of force than usual, which will enhance the safety of police officers who execute search warrants in Canberra.
The government also considered amending search and entry laws in the ACT to allow police to remove fortifications while executing a search warrant. However, this option would fail to adequately protect police who may be required to use a greater level of force than usual to gain entry to the premises. This option may also result in an increased amount of property damage as police officers would have to attempt to remove the fortifications as quickly as possible to limit the time available for an occupier to remove any evidence of criminal conduct or leave the premises. Fortification removal laws will provide adequate time for the occupier of a premises to arrange for a professional to remove fortifications safely without damage to the property and protect the safety of police.
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