Michael Keenan (Stirling, Liberal Party, Minister for Justice) Share this | Hansard source

I present the explanatory memorandum to this bill and move:

That this bill be now read a second time.

At the 2016 election, the coalition government made a commitment to the Australian people to implement tougher penalties for gun-related crime.

The criminal misuse and trafficking of firearms is a deadly crime and an ongoing threat to the safety of our communities.

Although there is no single group which dominates the sale and supply of guns in the illegal market, the illicit use and possession of firearms is a significant element of organised criminal activity in Australia.

Firearms are regularly used to commit acts of violence.

The imperishable nature of firearms and the ongoing supply of firearms to the illicit market mean they remain a serious threat to the Australian community.

Now, more than ever, we must do everything in our power to ensure the ongoing safety and security of all Australians.

The government amendments to this bill would introduce a mandatory minimum sentence of five years imprisonment for offenders convicted of trafficking firearms or firearms parts under the Criminal Code Act 1995.

Mandatory minimum sentences send a strong and clear message that gun-related crime and violence will not be tolerated.

The mandatory minimums will capture all offenders who engage in the illicit firearms trade, not just those who trade in 50 firearms or parts.

These mandatory minimum sentences are not without safeguards. They do not include specified non-parole periods and they also allow a discount for offenders who plead guilty or who cooperate with law enforcement agencies.

Increasing the maximum penalties, including life imprisonment for the aggravated offences, does not guarantee the judiciary will impose an appropriate minimum sentence.

Unless a mandatory minimum sentence is introduced, it will remain possible for low sentences to be issued to offenders.

When this bill was debated in the other place last year, the government—in good faith—supported amendments related to increased sentences for firearms trafficking. This was obviously in line with our election commitment.

But again, unless there is a mandatory minimum sentence, it is possible for low sentences to be given to offenders who engage in this terrible crime.

So we call on members to support this important measure to send the strongest possible signal that we want to crack down on people who smuggle in guns.

This bill is just one of the measures that the government has taken to address the serious problems arising from illegal firearms.

For example, we recently oversaw the enormous success of the National Firearms Amnesty—which has seen more than 51,000 guns surrendered. This was an outstanding result, and shows how important this initiative was in reducing unregistered firearms from our streets. This was the first national amnesty since the 1996 Port Arthur buyback.

In addition, the government has invested $116 million in the National Anti-Gangs Squad, with strike teams now in Victoria, New South Wales, Queensland, Western Australia and South Australia and liaison officers in Tasmania, the Northern Territory and here in the ACT. Since the introduction of the squads in 2013, more than 5,700 illegal guns and gun parts have been seized.

The government is also investing an additional $25.4 million over three years to enhance the Australian Federal Police's capacity to detect and seize illegal guns by expanding the National Forensic Rapid Lab to crack down on the illegal firearms market.

This government is determined to tackle illegal firearms and making the Australian community safer.

This bill introduces amendments to reflect the seriousness with which this government is addressing criminal activity and the gravity of firearms offences.

The combination of mandatory minimum penalties and increased maximum penalties sends a strong message that the illegal trafficking of guns will not be tolerated.

These measures will be a strong deterrent against people seeking to illegally import firearms and their parts into Australia, with all the harm we know that illegal trade in guns can do.

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