Login
ACT Law Society objects to changes to Crimes and Firearms Acts
The ACT Law Society has spoken out about recent changes to the Crimes Act and the Firearms Act, with concerns that they apply retrospectively to matters that pre-date the bill.
Naomi Neilson
Source: http://readymap.net/1240/11376
The amendments were contained within the Crimes Legislation Amendment Bill 2019, which was passed by the Legislative Assembly on 1 August this year. The government intends to apply the changes to the bill retrospectively.
The Crimes Act has been changed to broaden the current definitions around “strangle”, “choke” and “suffocate”. While the society has made no comment on the definitions, its concern is on the retrospective application to matters that pre-date the bill.
Similarly, the bill amends the Firearms Act 1996, which will now require people owning firearms to prove they hold an interstate firearms license or permit. This will be instead of prosecution having to prove the person does not hold an interstate license or permit.
“The changed onus of proof will apply to all proceedings regardless of when they were commenced or the date of the alleged offence,” the society said.
The society has called on the government to reconsider the retrospective application of the two provisions and said it is of “continuing concern” that an omnibus bill around the changes was presented to the assembly on the basis of minor changes, “but when in fact significant issues arise from the bill”.
“The society believes that the revised definitions in the Crimes Act and the reversal of the onus of proof in the Firearms Act should be effective from the date the legislation is notified and not earlier.”
Naomi Neilson
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
You can email Naomi at:
