Ms O’CONNOR question to LEADER of the GOVERNMENT in the LEGISLATIVE COUNCIL, Mrs HISCUTT
My question without notice – and there will be a bit of déjà vu here because it is a slight administrative issue, but I think the government is ready for it:
- Since their commencement, how many people have been convicted under section 14B(2AA) and (2AB) of the Police Offences Act?
- Since their commencement, how many corporations have been convicted under section 14B(2AC) of the Police Offences Act?
ANSWER
Mr President, in response to:
Section 14B of the Police Offences Act 1935 – the act – provides that it is an offence for a person to enter or remain on land, building, structure, premises, vehicle, aircraft or vessel without the consent of the owner. This offence is known as trespass and on conviction is punishable to a fine or term of imprisonment. The data that is available in crimes relates to section 14B(1), trespass; and section 14B(1) and (2A)(a), trespass on land in possession of a firearm, and is outlined in this table that is easy enough for me to talk about. All complaints related to persons, not corporations.
Talking about persons, section 14B(1), trespass: 2020‑21, 732; 2021‑22, 654; 2022‑23, 695; 2023‑24, 968; 2024‑25, 334. A total of 3382.
Section 14B(1) and (2A)(a), which is ‘trespass on land in possession of a firearm’, in 2020‑21, one.
Just looking at that, I might read that again, because I think the figures that I first gave you were of a person. It is the particular different trespasses you want?
Ms O’Connor – Yes.
Mrs HISCUTT – Okay.
Section 14B(1), trespass: 731. I note that there is one difference there. The next one was 652. Then 693.
Ms O’Connor – I see. Did you add the firearm ones on inadvertently?
Mrs HISCUTT – Yes.
Ms O’Connor – Okay, thank you.
Mrs HISCUTT – And 968, which is the same. 329, being a total of 3372.
Then the next section:
Section 14B(1) and (2A)(a), which is ‘trespass on land in possession of a firearm’, in 2020‑21, one; 2021‑22, two; 2022‑23, two; 2023‑24, one; 2024‑25, five. The total is 11.
Yes, that is right.
Section 14B(2AA) and (2AB) of the act further provides for matters that the court must consider when imposing a penalty on conviction under section 14B of the act. The magistrates court does not record data relating to the application of section 14B(2AA) and (2AB) of the act.
Answer to question 2. Section 14B(2AC) of the Police Offences Act 1935 provides for separate penalties for the offence under section 14B if the person convicted under section 14B is a body corporate. As stated above in response to question one, the magistrates court does not record data related to the application of section 14B(2AC).
Ms O’Connor – Thank you, Leader. I might get some clarity over that data a bit later.
Mrs HISCUTT – Just before you start, through you, Mr President, the answer will be sent to you.
