House debates

Monday, 24 November 2014

Bills

Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014; Consideration in Detail

6:30 pm

Photo of Josh FrydenbergJosh Frydenberg (Kooyong, Liberal Party) Share this | Hansard source

We do not accept the opposition's amendments, and it is for a number of reasons. Firstly, we have a strong history of ensuring that the punishment fits the crime. In the event that we are talking about the trafficking of guns and the impact that that has on innocent members of our community, we believe that these mandatory minimum sentences are thereby appropriate. Secondly, it is not just occurring in the Australian jurisdiction; it has been adopted in other jurisdictions—namely, in the United Kingdom, where they have a mandatory minimum sentence of five years or three years for someone aged 16 or 17 who applies to the possession, acquisition, manufacture, sell and transfer. Also, if you look to Queensland, they have a mandatory minimum sentence of between 18 months and five years, all to be served in a corrective services facility. Thirdly, Labor's opposition, or Labor's amendments in this case, to our bill is based on the false understanding that if you have mandatory minimum sentences it prolongs the case of a trial. In fact, there is evidence to suggest that it does not lead to defendants not pleading guilty, because what it means is that you are now getting punishments that actually fit the crime, and we take into account what is the harm to the community of these gun offences. So it is that misguided view that the opposition has that the mandatory minimum penalties make trials longer and more stressful that we challenge here today.

Mr Feeney interjecting

That is what we challenge here today. We do not support the opposition's amendments.

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