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Gavin Marshall The committee is considering the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015 as amended and amendment (2) on sheet 7736, moved by Senator Wright. Concetta Fierravanti-Wells I want to address some of the issues that were raised by those opposite. Senator Collins made some comments in relation to the government supporting the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014. We agreed to this legislation without the mandatory minimum sentences to ensure that other important measures contained in the bill were passed without further delay. These important measures included introducing offences for the trafficking of firearms and firearm parts into and out of Australia and expanding the offences for trafficking firearms within Australia to include parts. We took to the election a commitment to implement tougher penalties for gun-related crime, and that is why we are now reintroducing the minimum sentences into this legislation. Can I also address some of the comments that were raised in relation to the Parliamentary Joint Committee on Human Rights, in relation to a number of issues. Firstly, in relation to arbitrary detention we believe that there are appropriate limitations and safeguards in place to ensure that detention is reasonable, necessary and proportionate to each individual case. We consider that the mandatory minimum penalties for firearm trafficking are reasonable and necessary to deter people from diverting firearms into the illicit market, where they can be accessed by criminals and used in the commission of serious and violent crimes. Given that the provisions do not impose a mandatory nonparole period, the actual time a person will be incarcerated will remain at the discretion of the sentencing judge. And, consistent with these concerns raised by that committee, the government has amended the explanatory memorandum for the bill to note that the mandatory minimum sentence i

Senate, 2015-08-19. negative: ayes 30, noes 34.

Question

Gavin Marshall The committee is considering the Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015 as amended and amendment (2) on sheet 7736, moved by Senator Wright. Concetta Fierravanti-Wells I want to address some of the issues that were raised by those opposite. Senator Collins made some comments in relation to the government supporting the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Bill 2014. We agreed to this legislation without the mandatory minimum sentences to ensure that other important measures contained in the bill were passed without further delay. These important measures included introducing offences for the trafficking of firearms and firearm parts into and out of Australia and expanding the offences for trafficking firearms within Australia to include parts. We took to the election a commitment to implement tougher penalties for gun-related crime, and that is why we are now reintroducing the minimum sentences into this legislation. Can I also address some of the comments that were raised in relation to the Parliamentary Joint Committee on Human Rights, in relation to a number of issues. Firstly, in relation to arbitrary detention we believe that there are appropriate limitations and safeguards in place to ensure that detention is reasonable, necessary and proportionate to each individual case. We consider that the mandatory minimum penalties for firearm trafficking are reasonable and necessary to deter people from diverting firearms into the illicit market, where they can be accessed by criminals and used in the commission of serious and violent crimes. Given that the provisions do not impose a mandatory nonparole period, the actual time a person will be incarcerated will remain at the discretion of the sentencing judge. And, consistent with these concerns raised by that committee, the government has amended the explanatory memorandum for the bill to note that the mandatory minimum sentence i

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