Summary Offences and Law Enforcement Legislation Amendment (Laser Pointers) Bill 2008
Objectives:
The Bill amends the Summary Offences Act 1988 to make it an offence (maximum penalty of $5,500 or imprisonment for 2 years, or both) of possessing or using, without reasonable excuse, a laser pointer in a public place. Similar to the scheme that exists for knives, people will be required to provide a lawful excuse as to why they possess a laser pointer in a public place.
The Bill also amends the Law Enforcement (Powers and Responsibilities) Act 2002 to include laser pointers as dangerous implements within the meaning, and to give a police officer the power to frisk search a person in a public place if the police officer reasonably suspects the person has a laser pointer in his or her custody. A police officer also has the power to confiscate the item. Unlike other dangerous implements, the frisk search power applies only in public places. However, it does not apply to schools.
Introducing an offence for possession of a laser pointer without reasonable excuse in a public place with the associated search and seizure powers will provide police with greater powers to charge offenders and, importantly, remove the offending article.
Comments:
The bill is in response to a dramatic rise in attacks on moving aircraft and other vehicles by shining laser pointers into cabins or cockpits. Although measures exist under the Crimes Act 1900 for police to take action against offenders, police are limited in taking action if intent cannot be proven or harm does not result. On 1 April a Virgin Blue aeroplane was targeted as it came in to land at Sydney airport.
On 28 March four green lasers targeted six aircraft, forcing air traffic controllers to change the flight path of the six planes. According to the Sydney Morning Herald of 22 April, a police helicopter searching for the perpetrators of a series of similar attacks was the victim of a laser attack. Unfortunately, the perpetrators have not yet been brought to account.
New South Wales police have advised that about 30 incidents involving lasers have occurred in the past six months. Of particular note are five incidents that involved Sydney airport, three incidents that involved Bankstown airport, one incident that involved a plane flying over Parramatta, one incident that involved a plane flying over Campbelltown and one incident that involved a plane flying over the Liverpool area. More recently, a green laser beam targeted a hospital helicopter. Such attacks are increasing, with five or six being reported every week.
According to Civil Aviation Safety Authority spokesperson Peter Gibson: “The basic danger is that the laser will, at the very least, distract the pilot. At worst, the pilot could be temporarily blinded. The risk is that while distracted, the pilot could make a mistake, and therefore, put the lives of passengers at risk.”
Green lasers, which have been commercially available since 2000, have grown in popularity due to their superior range to red laser pointers with equivalent light power in dark conditions. Green lasers provide a visible beam and it is much easier to keep them focused on a moving target from a distance. Powerful green lasers can momentarily blind a pilot, potentially resulting in a fatal crash.
Lasers with a three-kilometre range can now be bought by mail order or through the Internet for less than $30. The price varies, but people can buy powerful lasers for between $400 and $500. With very powerful lasers being available for less than $30 this brings it into the range of anybody who might be mentally sick enough to try to create news by causing a plane crash.
In order to address these concerns the bill provides for an amendment to the Summary Offences Act 1988 to make an offence the possession of any kind of laser pointer in a public place without reasonable excuse. A reasonable excuse would be one that related to an individual’s hobby, occupation, education, training or specific need. For instance, more than 4,000 amateur astronomers in Australia use laser pointers responsibly as part of their astronomical activities. These uses include both practical and educational applications. Under this bill high-powered hand lasers, including the so-called star pointers that are used by astronomers, would be listed as prohibited weapons in New South Wales.
Federal law already provides a maximum penalty of $30,000, or imprisonment of up to two years in jail, for the unauthorised use of such a laser. If the police were able to apprehend someone who was caught in the act of shining a laser beam into the eyes of a pilot or a driver of a car, that person would face such a penalty, but there have been no arrests during the two years in which the legislation has been in place. The penalty does not seem to be effective because it is difficult to apprehend such a person.
This bill will bring New South Wales into line with other States. Victoria has outlawed lasers since 1998 and it has prohibited lasers with an energy output of more than one milliwatt, and such items require approval from the Commissioner of Police prior to being acquired. Further, the penalty in Victoria is greater than it is in New South Wales—$6,000 compared with $5,500.
Other jurisdictions, such as Western Australia, Tasmania and the Northern Territory, have classified lasers as controlled items and, as such, it is an offence to use, possess, carry or manufacture certain lasers. I will ask the Parliamentary Secretary a few questions and seek a reply to them. I am grateful that I have an opportunity to raise these issues at this time.
Can the Attorney General provide information on the kinds of lasers to which the legislation applies?
Does this bill follow Victorian legislation where lasers with an energy output of more than one milliwatt are banned?
Does the bill apply to laser pointers that are capable of a beam of a few metres—that is, laser pointers with the power of less than one milliwatt, such as those used by lecturers or academics? When the Parliament rises for the winter break I will be lecturing, as usual, in my role as an adjunct professor and I use these lasers in the lecture room every day. I want to know whether this legislation will apply to laser pointers as well as to the others that have been listed.
Finally, when will the regulations be implemented and what powers will be required to enforce the legislation?
Conclusion:
That being said, this bill provides a timely and necessary response to a growing crime trend. The bill strikes the right balance between a strong police response, the improvement of public safety and the right of people to pursue their interests in education or in their occupation. I welcome the Summary Offences and Law Enforcement Legislation Amendment (Laser Pointers) Bill and commend it to the House.
