House debates

Tuesday, 24 October 2017

Bills

Criminal Code Amendment (Firearms Trafficking) Bill 2017; Second Reading

6:56 pm

Photo of Jason WoodJason Wood (La Trobe, Liberal Party) Share this | Hansard source

I have to pick up the shadow minister on a few points. I and my colleague beside me—the member for Wide Bay, a former police officer—have had a lot to do with juries. In my time I found that when they dealt with firearms offences they were pretty tough. I've got no doubt if they heard the evidence that someone was trafficking firearms and they were aware that the person could get a minimum sentence of five years for trafficking, they would go along and give a guilty verdict and convict that person. The shadow minister also raised points about former Chief Commissioner Simon Overland, who I believe did take some ammunition through security. In this legislation, by my understanding, it's trafficking if you have at least 50 items or 50 firearms. So, in my belief, that example would not apply.

Can I also advise the shadow minister and the Labor Party that when you actually have very strong sentencing, in the criminal world the message goes around pretty quickly. It will go around pretty quickly that no longer should you try to bring firearms into Australia. That's why I do support this. I know the shadow minister, with her best intentions, is trying to make a point, but I say to her that, from my experience of dealing with law enforcement and police officers, they are absolutely sick and tired of having firearms on the streets. So, yes, this is a very tough approach from the Minister for Justice, but he's trying to make the point that we need to get firearms off the streets.

I'll go back in time. Through the 1980s and 1990s, we saw an increase in gun violence in Australia. There was the Hoddle Street massacre and the Queen Street massacre in Melbourne, in my home state of Victoria. There was the Milperra massacre between outlaw motorcycle gangs. Of course, no-one should ever forget the Port Arthur massacre, a moment in 1996 that will be forever ingrained into our nation's memory for the saddest of reasons: 35 people were killed and 23 wounded. The gunman opened fire on tourists with two semiautomatic rifles. Australians were collectively horrified, and so came John Howard's National Firearms Agreement and the gun buyback scheme. Let's compare this with the US, where there have been 91 mass shootings in the past 35 years, and most of the killers got their guns legally. Most recently we saw the terrible scenes in Las Vegas, with at least 59 people dead and at least 527 people injured. That's horrific. Of course, there are many reasons terrible scenes like this occur, but one very clear thing we can point to in this case is lax gun laws.

In Australia we have always prided ourselves on a tough stance towards firearms, at least in the last two decades. While we have some of the strongest firearm laws in the world, there is no place for complacency. We need to make sure we don't let up or sleep on this issue. This government has a strong record of tackling gun-related crime, including introducing legislation for mandatory minimum sentences for firearms trafficking, something the federal Labor Party continues to oppose. Since coming to government, we have taken decisive action by investing $88 million to boost inspections at our borders, establishing the National Anti-Gangs Squad—and I put that policy together, and I congratulate Minister Michael Keenan for the way it's been implemented—unlocking the proceeds of crime accounts, establishing the Australian Criminal Intelligence Commission, and cracking down on legal loopholes which allowed criminals trafficking firearm parts to escape prosecution. What criminals try to do, rather than move an entire firearm, is bring in the pieces, and that's something this government is tackling. We have also committed $25.4 million to boost the AFP's capacity to detect and seize illegal firearms by expanding the national forensic rapid lab.

The Labor Party want to water down the bill by opposing the mandatory minimum sentence for illegal firearm trafficking. The Labor Party don't want to get tough on gang criminals; it's all talk. The Labor Party can't decide what they want either. They proposed mandatory minimum sentences for people-smuggling offences in 2010, yet now they say they're against them in principle. Bill Shorten wanted gun runners to face life in jail earlier this month, yet they seek to amend this bill to remove mandatory minimum sentencing. Which is it for Labor? Do you support illegal gun runners or do you not?

Regardless of Labor's indecision on this matter, we as a government need to move forward and make decisive moves to demonstrate that, just as we were in 1996, Australia is resolute in its attitudes towards safe, controlled gun ownership. The bill amends the Criminal Code Act 1995 to put in place, in division 360, aggravated offences of trafficking 50 or more firearms or firearm parts within a six-month period within Australia—that is 50 parts, not just one bullet, as said by the shadow minister—and, in division 361, trafficking 50 or more firearms or firearm parts within a six-month period into or out of Australia. A maximum penalty of life in prison or a fine of 7,500 penalty units, or both, will apply to those offences. The bill will increase the maximum penalty for base offences of trafficking fewer than 50 firearms or firearm parts from 20 years imprisonment to 30 years imprisonment.

The mandatory minimum sentences will apply to trafficking firearms and firearm parts within Australia, in division 360 of the Criminal Code, and trafficking firearms and firearm parts into and out of Australia, in division 361 of the Criminal Code. The amendments also allow a court to discount the mandatory minimum sentence if the offender pleads guilty to the offence and cooperates with law enforcement agents. So, if they plead guilty and also cooperate with law enforcement—potentially giving up the Mr Bigs, as the Labor Party mentioned—that is a safeguard in there. The mandatory minimum sentences reflect the serious nature and potential consequences of supplying firearms and firearm parts to the illicit market.

In addition, the introduction of mandatory minimum offences of five years imprisonment for these firearms-trafficking offences means that we're delivering on our election commitment to the Australian people, who want us to keep our commitments. We promised that we would keep illegal guns off the streets in our election policy to keep communities safe, released on 26 June 2016. This policy was given a mandate by the people during the 2016 election, and the Labor Party need to stop standing in the way.

These offences ensure that firearms traffickers can be held responsible for the consequences of supplying firearms into the illicit market from both domestic and international sources. The aggravated offences and increased maximum penalties aim to more accurately reflect the serious nature and potential consequences of supplying firearms and firearms parts to the illegal market. The government believes mandatory minimum sentences are necessary and will act as a strong deterrent—I will say that again: a strong deterrent—for those who would otherwise engage in illicit firearms trafficking. Don't go soft on gun control, Labor. We have a strong history of fine gun laws in Australia. Don't be the group of people who stand in the way of continuing that tradition.

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