SUMMARY OFFENCES AMENDMENT BILL 1998 Second Reading Speech

Northern Territory Second Reading Speeches

SUMMARY OFFENCES AMENDMENT BILL 1998

(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)

Bill presented and read a first time.

Mr STONE (Chief Minister): Mr Deputy Speaker, I move that the bill be now read a second time.

Section 56A of the Summary Offences Act currently provides that, upon a person being found guilty of possessing, carrying or using an offensive weapon without lawful excuse, the weapon used in the offence is forfeited to the Territory and must be destroyed by the Commissioner of Police, Fire and Emergency Services. For the purposes of section 56A, an 'offensive weapon' is a 'gun, pistol, knife or bludgeon or any article made or adapted to cause damage to property, or injury, or fear of injury'.

During 1997, a person was convicted of using spears and a woomera in breach of section 56A. The person convicted of the offence had stolen the weapons. The true owner of the weapons applied to the magistrate for the weapons to be returned to him. The magistrate could not agree to this request, because the magistrate has no role under section 56A in determining what happens to offensive weapons following a conviction under section 56A. Equally, the Commissioner of Police has no option but to destroy the weapons following the forfeiture.

The government accepts that automatic forfeiture and destruction of weapons used in such offences can have unjust consequences. In making this decision, the government has had regard to provisions in other acts both within and outside of the Northern Territory and there are various discretions as to what should happen to weapons and other property used in the commission of offences. This bill provides for the amendment of section 56A of the Summary Offences Act so that the court has a discretion to return the weapon used in an offence to the owner. The court can only do this where the real owner is not the person convicted of an offence against section 56A. It must be noted the court is not bound to return the offensive weapon to the true owner. One circumstance where the court may return the weapon would be where not doing so would impose hardship upon the owner. Another one arises from the cultural and social implications of loss of a particular weapon to a person in the community.

Not all cases, perhaps very few cases, will require an order from the court that the weapon be returned to the owner. For example, if the court is not persuaded that the owner of the weapon had sufficiently safeguarded against the use of a weapon by another party, the court may not return the weapon to that owner. Similarly, where there is no reasonable excuse for the person to be in possession of the weapon, the court would not be likely to order the return of the weapon.

The amendment also provides the Commissioner of Police, Fire and Emergency Services with the discretion as to whether the offensive weapon must be destroyed. This option has been provided because there are some circumstances where an offensive weapon may have some value, particularly of a cultural or historical nature, that would justify the saving of the weapon from destruction, while at the same time removing it from the person who has committed the offence.

These amendments should in no way be taken as detracting from the government's strong views on firearms control and punishment of offenders for offences involving the use of offensive weapons, including firearms. Those aims remain in place. It is considered appropriate to give the court and the Commissioner of Police, Fire and Emergency Services the responsibility for deciding what to do with such objects. I commend the bill to honourable members.

Debate adjourned.

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