Wednesday, 28 May 2025

Bills

Control of Weapons Amendment (Machete Ban) Bill 2025

Introduction

David SOUTHWICK (Caulfield) (09:33): I move:

That I introduce a bill to amend the Control of Weapons Act 1990 and the Terrorism (Community Protection) and Control of Weapons Amendment Act 2025 and for other purposes.

There is nothing more important than to ensure we see a ban on machetes, not just on the shelves but on the streets. What this government has done today is a half job, a half-baked job where they are putting all their attention on removing machetes from the shelves – even doing that in a complicated way where retailers today are so confused about what a machete actually is – and leaving all the machetes on the streets until September. Why is the government not listening to Victorians and ensuring that we have an immediate ban on these machetes today? That is what we need to be arguing today, and that is why I am asking for the government to come together and ensure that these machetes are banned not just on the shelves but on the streets today. There is nothing more important than for us to come together as a Parliament and ensure that these machetes are banned from the streets today. If the government does not listen, we will have machetes on the streets for another four months. How many lives will be lost in four months? How many Victorians will be terrorised in four months? It is not good enough to wait for four months.

We know that this is the fifth attempt for the government to ultimately get this right. We have had four attempts. Eighteen months ago the Leader of the Opposition first tried to introduce this bill into the Parliament. If the government had listened, we would not have the problem that we have today with the machetes on the streets that we see each and every day in these attacks. We saw what happened in Northland, a shopping centre that was shut down, locked down. People were terrorised, and the government finally said, ‘We’ll do something.’ Well, their something is not good enough. We also know it was not the first shopping centre attack; there have been three other shopping centre attacks, including one in Werribee in which the Werribee shopping centre was locked down. The government is not listening and Victorians’ safety is being compromised, and it is simply not good enough.

In the period from the introduction in March until now there have been 11 violent attacks using machetes, whether it be in people’s homes, whether it be inside people’s bedrooms, whether it be in their place of work or whether it be in shopping centres. People will not stop until we have a full, comprehensive ban. There need to be consequences. There need to be laws, and this ban on machetes needs to be on the streets, not just on the shelves.

Now the government is scrambling to even work out what the definition of ‘machete’ is, and that alone is very, very concerning. The fact that we have retailers today trying to work out what is being banned and what is not being banned shows that this government simply is not up to the job. But we are here today to work with the government and say, ‘Let’s get this ban done.’ Government cannot turn their backs and forget about the thousands of machetes that are on the streets and focus on the retailers that have them on the shelves. They have got to be banned on the streets. We know that many of these crooks are holding a machete up in a sign of strength. There need to be consequences. By banning machetes today there would be a two-year imprisonment sentence that could be issued to those people that carry those machetes on the streets. Those are the consequences that we need.

So many of these offenders have been on bail, and that is why this side of the Parliament, the Liberal–Nationals, have introduced our policy of ‘Break bail and face jail’. We are working to ensure that the community are safe. We are putting Victorians first when it comes to safety. This government is failing. They have been soft on crime and they have done nothing when it comes to all of this, and now they are scrambling to make it up, leaving it all to retailers to fix the problem. Well, it is the government’s problem. It is the government’s mess, and the government has got to fix it. If this government, the Allan Labor government, were serious, they would work with the opposition today and ensure an immediate ban on machetes on the streets and also on the shelves. That is what we need.

Victoria Police want this to happen. That was the excuse that was being made for months – that Victoria Police was not giving them advice. Victoria Police has given the government advice. It is time for the government to act. Every single day of delay is a delay that compromises Victorians’ safety. How many lives are going to be lost between now and September? This government will have blood on their hands if they do not react now and ensure that machetes are banned on the streets today.

Josh BULL (Sunbury) (09:38): I am pleased this morning to take the volume down a few decibels and go back to some of the facts when it comes to this important motion before the house. As you know and members of this side of the house know, this government is focused on making sure we are listening to the advice of Victoria Police, making sure that we are working each and every day to work with Victoria Police and its agencies and making sure we act quickly and decisively, as was done by the Premier, the Minister for Police and the Minister for Consumer Affairs with all the announcements that were made on Monday.

What we have again seen this morning from those opposite is another act of the games that get played in this place, and what we have seen, certainly yesterday and on many other instances that we have been in the house and at other times, is absolute chaos and division from those on the other side of the house. I suggest that those opposite might want to focus on some of their own internal matters, maybe getting those in order and maybe getting some of those matters addressed, whilst we of course focus on what is a very important issue within our community.

I want to take this opportunity to thank Victoria Police and acknowledge the incredible work that is done by Victoria Police in my community and every single community across our state. We will of course continue to listen to the advice of Victoria Police and continue to give them the power and resources they need to be able to do the incredibly important work that they do. On top of that, we also have made the announcements that were made by the Premier that I referenced earlier on Monday, and we will continue to make sure that we are focused on those matters.

From midday today we know of course that the ban on the sale of machetes will come into place. It forms part of a broader suite of work that this government has been focused on. Again, to every single person in the community: we of course extend our thanks and our appreciation for the wonderful work that you do – not just VicPol but all of the other agencies, member for Mordialloc, in your community and communities right across the state, indeed in both houses.

I will make the point that, unfortunately, what we saw yesterday was a fairly lacklustre budget reply. It was pretty ordinary. It was pretty flat, and that is okay. But we will make sure that we are focused on supporting every single Victorian and working with the incredible team that is VicPol to ensure that they have the power and the resources to deal with these matters, and we will continue to support that work.

What we have seen this morning and yesterday, which was really a circus of a day in here, has been just a very, very ordinary performance. I think members on this side of the house know, but most importantly Victorians know, that being focused on the matters at hand, being focused on community safety and investing through the budget and all portfolio areas in community safety is something that has absolutely been outlined by the Premier and of course the Minister for Police and the entire government. We on this side of the house know and understand that these games that get played in here are probably more a reflection of whatever internal matters are going on within that side of the house.

What is most important is not those cheap political games but being focused on community safety. Every time I have the opportunity to visit local members of the police in my community I take the opportunity to thank them for the work that they do. It must be an incredibly tough and challenging job. They need a government and a community that are with them, that support them, and each and every opportunity that we have got to do so, whether that be through legislation in this place, whether that be through the budget or whether that be through a whole range of committee processes and indeed those matters that get taken outside of this place, we will support the men and women of Victoria Police and every single Victorian to be the best they can be and make our community as safe as possible.

Michael O’BRIEN (Malvern) (09:43): If the member for Sunbury is serious about wanting to support Victoria Police, then the member for Sunbury should vote for this bill. The member for Sunbury should make sure that we get machetes off the streets and make the lives and work of Victoria Police and every first responder safer, because Victoria Police are not safe when we have machetes on the streets, being used to attack people, being used to injure people, being used to threaten people. That is what this bill is all about. This bill is about saying: why wait? Is Victoria going to be safer or more dangerous if we keep dangerous machetes on the streets for another four months? The answer is: more dangerous. This bill is an opportunity to get those machetes off the streets today – today – not wait for four months. You can get them off the shelves at midday, but they are still on the streets at midday as well. That does not keep Victorians safe.

The question is: why wait? What is this government’s problem? It is a pattern of behaviour we have seen. On bail laws, how many times did this side of the house seek to introduce bills to strengthen bail laws in Victoria, only to be blocked by those opposite because they thought they knew best? They blocked on bail; now they are blocking on machetes too. It is a sign of a government that is weak, it is a sign of a government that has lost control of the agenda and it is a sign of a government that is so paralysed that it will not vote for good legislation simply because it did not bring it forward. That is where we are with this government. After 11 long years they have given up the ghost. If they cannot bring themselves to vote to support a bill to make Victorians safer today, then this government has really also given up the right to govern on behalf of Victorians. We are not talking about an isolated issue, one or two here or there. As the member for Caulfield mentioned, this has happened over 11 ‍times this year – just those reported in the media. How many times it has not been reported is another issue, but at least 11 times, as reported in the media, people have been attacked or threatened by machetes in this state.

These implements have no place on our streets. They have no place being used in homes. They certainly have no place turning up in the bedrooms of children in my electorate at 2:30 in the morning ‍– people standing over a child in their bed at 2:30 in the morning with a machete. But this government says, ‘Oh, that’s okay. We’re not going to make that a prohibited weapon until September.’ Why? Because the government wants to have bins outside police stations. Is the government serious? That is their excuse to keep dangerous machetes on the streets – because we cannot get bins out to cop shops. What a joke – what an absolute joke – and what an insult to the men and women of Victoria Police. I really do not like the fact that this government tries to hide behind the blue shirts of Victoria Police and blame them for a delay. If you speak to any police officer on the street and ask them if dangerous machetes should be prohibited weapons today or in four months time, I will tell you what their answer will be: ‘Get them off the streets today. Make our lives safer today. Make our work safer today.’ That is what Victoria Police wants. But this government will use anybody and anything as an excuse for its own incompetence, its own inability to get things right. We have seen it with bail. The government still cannot get it right on bail – we still have weak bail laws and the government still will not support this side of the house’s ‘break bail, face jail’ policies – and now we see it on machetes.

I really wonder if members of the opposite side would feel comfortable going back to their electorates and saying, ‘Do you know what I did today in your name? I voted to keep dangerous machetes on the streets for another four months.’ That is what this vote is going to do, no doubt about it. You are either going to be voting to keep dangerous machetes on the streets in the hands of criminals for another four months or you are going to vote to ban them today. That is what this vote is all about. It is time for this government to grow up. It is time for this government to get serious. It is time for this government to do something constructive about keeping Victorians safe and about keeping the men and women of Victoria Police safe. It is time for this government to realise it has lost control. Just because we have got good ideas, they should not be blocked on that basis. Mark my words, any time there is another machete attack between now and September – and I am very sad to say history tells us there will be – this government needs to own up to its responsibility. If this government votes against this motion, this government is voting to keep dangerous machetes on our streets for another four months, and for that this government should be condemned.

Iwan WALTERS (Greenvale) (09:48): I rise to oppose this motion. Performative vein-throbbing outrage is not a solution to complex policy issues. I will be returning to my electorate of Greenvale to talk about the work that we are doing to keep this community safe, to keep my community safe and to keep Victorians safe – to do the serious, meticulously well-planned work that is taking machetes off the street – not kneejerk reactions that are just a dead cat strategy to divert from the internal battles of those opposite. Let us look at the episode that took place in Northland that apparently has prompted this motion this morning, where young people were arrested for possessing and using a controlled weapon, where they are on remand for doing so and where it is already illegal to do what was done. I am not going to pre-empt that legal and judicial process, but it is worth recalling that those who perpetrated, or who have been alleged to have perpetrated, the horrific episode on Sunday are currently behind bars and in custody.

I also, as the member for Preston did, acknowledge the retail workers who put themselves at risk to keep those around them safe. They are in many respects on the front line, and it is the work that we are doing here that is important to keep them safe as well. But on the police advice to us – the member for Malvern, the Shadow Attorney-General, talked about police advice – it is not the role of government to countermand or counteract police advice. We do not want people randomly turning up with malicious, aggressive weapons, with machetes and swords and so forth, in an uncontrolled way at police stations. That does not keep frontline police officers safe. So it is not our role to counteract the advice we have been given from police. Instead we want to keep police who are at stations like Broadmeadows and Craigieburn safe.

We also want to avoid unintended consequences, and that is why we are doing the work of government, not kneejerk responses and putting in motions of a Wednesday morning. I note for example that today is Everest Day. It is a day of very great significance for our Nepali population, many of whom will be coming into the Parliament today. Many members of that community have family members who served the Commonwealth with distinction in the Second World War, in the Gurkha regiments. Many of them have what might be construed, if legislation is not properly drafted, as aggressive weapons or machetes in the form of Gurkha knives. I do not want legislation that criminalises the Nepali community in Greenvale for having things which are of particular significance to them and their families. Those opposite, I know, like many across the house, will be going as well to Kokoda in the mid-year break, walking the Kokoda Trail. Many people, including my own family, have legacy items from having fought in New Guinea during the war, including machetes which were used for clearing the track and so forth. I do not want them to be criminalised because of ill-considered kneejerk legislation.

I do want to keep my community safe; it is the paramount priority that I think all of us have in this place. Those opposite have sought to suggest it is their exclusive remit. It is not true. Doing this well and doing it properly is why we are banning the sale of machetes today. It is why the ban in its entirety will come into effect in September, well in advance of the timetable that other jurisdictions have sought to do, because it is important that illegitimate, illegal weapons are off the streets. But it is also important to avoid criminalising those who are not engaging in dangerous behaviour or who do have a reason for maintaining things like family heirlooms, whether it is a Gurkha knife or a machete from Kokoda, to use just a couple of examples.

We do need to take the risk of unintended consequences seriously while also prioritising community safety at every turn. Those opposite can engage in that kind of vein-throbbing over-the-top performative gesture, but what matters is making policy that works and that is going to keep communities safe, that is going to get machetes off the streets and that is not just about diverting from their own disunity but actually does have the effect –

Annabelle Cleeland interjected.

Iwan WALTERS: The member for Euroa constantly interjects but very rarely gives a speech of her own accord. But Tim Tully of Victoria Police today talked about the importance of doing this work, saying anything we can do to choke the supply and flow of machetes onto the streets is a step in the right direction, talking about the work that this government is doing. The member for Euroa talks about what the police are wanting. I have just quoted that to her; maybe she can use that in a contribution of her own later. So I revert to the paramount importance of community safety: it is why this considered legislation and why the considered work of this government matters and why I oppose this motion.

Nicole WERNER (Warrandyte) (09:53): We must move to debate this legislation today. This is about community safety, and this is not, as the member for Greenvale says, a kneejerk reaction. This is something that we have been calling for for 18 months straight – 18 months, time and again. This will be the fifth time that we have brought this to this Parliament to keep our community safe. And why – because of the outrage of Victorians and because of these machetes on our streets. It is because of people who are suffering at the hands of these machetes being allowed in our streets because the government has been weak. The government has been weak to act, slow to act and slow to move on this, so today we must we act on this. Today it is urgent, and we are moving this legislation again for the fifth time in this house, not as a kneejerk reaction. But I can tell you what was a kneejerk reaction. It was on Sunday night the Premier and Minister for Police coming out and saying, ‘No, we won’t bring anything forward. No, we won’t make this any more urgent. No, we won’t do it.’ And then all of a sudden there was a big backflip on Monday once the public outrage was there because of the tragic scenes at Northland shopping centre. All of a sudden: ‘It is urgent. We will ban the sale of machetes. You know what, we will actually do something about it.’

Then what happens is that the retailers report that there is a spike in the sale of machetes. In that time, in that delay, in that drag out, there is a spike in the sale of machetes. We have retailers reporting that they are selling them at a discounted rate because they are trying to get rid of them. They are selling them at a discounted rate, so arguably there are actually more machetes on our streets because the government has failed to act, because the government has delayed and because the government has played politics with Victorians’ safety. So we are here today trying to introduce this bill, trying to do this and keep Victoria safe for the fifth time over in 18 months, because we want to make sure that Victorians feel safe on our streets.

I want to read to you something from a local in my community. This has been a serious and real issue. Community safety in my electorate has been so real. I have had locals writing in to me about break-ins in their house where there was a specific local, a 14-year-old, who was alone at home when armed invaders entered the house. Can you imagine the terror for those parents? Then there were, as was reported:

Earlier alleged victims of a teen accused of going on to murder Doncaster doctor Ash Gordon while out on bail …

This 16-year-old – this is from the Herald Sun and this is from a local that wrote to me:

They accused the state government of having “blood on its hands” because in their view the teen should not have been bailed –

this is a teen with a machete –

after he was accused of being involved in the aggravated burglary in October that led to a man suffering serious head injuries from a machete attack.

This teen with a machete was then out on bail – was bailed out. We are talking about young offenders in this state that are bailed in and out, in and out, 150 times over. Ninety minutes it takes them sometimes to be bailed and back on the streets offending again. One of these teens then went on to tragically murder Dr Ash Gordon in Doncaster. The member for Morwell knows this all too well. There have been 10,000 signatures that he has collated that have asked for stronger bail laws, and that speaks to the problem with this government that not only do they fail to act on machetes but they fail to strengthen bail laws. In March last year they weakened the bail laws that they sought to then reverse to make it better.

We are here debating this urgently today to stand up for the victims of crime, to stand up for Victorians and to make sure that they feel safe, because that is our job in this chamber. That is our job in this Parliament – to stand up for Victorians, to fight for people who do not have a voice in this place so that they can feel protected and they can feel safe. It is our job as legislators; it is our job as parliamentarians. To quote this particular victim of crime: the government has blood on their hands. About this tragic incident in Northland as well the locals are writing in to me. If I can close on this: a local wrote in to me whose elderly parents were at Northland. They have escaped from another country, migrated here for a safer future for their family and now feel terrified of living in Victoria, because they have moved here and then been in this situation where they have been separated from one another – one locked in a shop, one out in the car park with these violent offenders with machetes ‍– because you have not acted.

Daniela DE MARTINO (Monbulk) (09:59): I rise to oppose this motion, but I would like to start off by saying that we do extend our sympathies to those who have been involved in the events at Northland and other events previously involving machetes. In fact any violent crime is always horrendous and horrific to see. It is indisputable that these have been terrible events, and the Premier herself has publicly condemned them and condemned them in this chamber – even just yesterday. We are listening as a government. Our job is to govern, and to do so takes prudence and it takes careful consideration. It means formulating legislation which does not end up with unintended consequences. There is a reason why this ban has not been rushed through. We have been able to stop the sale of machetes from retail, but the amnesty will commence from 1 September because amnesties cannot happen just overnight with the click of a finger.

Grabbing headlines and stunts like this are easy enough to do, but actually implementing real policy and doing the work takes consideration. It needs to be careful, and it needs to be done in consultation with those who have to actually effect the change, and that means Victoria Police. We have been working with Victoria Police to ensure that the amnesty will be done in a way that is safe for them. That is incredibly important, and those opposite have not even touched upon that. They have come in with fire and brimstone, and I can understand that things are a bit charged over there at the moment, but it seems to be that they think if you just say it and bring in a piece of paper, it happens overnight, magically. Well, it does not. It takes hard work. Governing is hard work, and that is what we are doing here.

The member for Malvern asked how we are going to go back to our electorates. I will actually say when I go back to my electorate that I made a decision to make sure that the way we were doing this was as careful as possible, and it was staged and not rushed.

A member interjected.

Daniela DE MARTINO: Exactly right. We are focused on listening to the advice of Victoria Police – and we just heard the member for Greenvale quote VicPol’s new commander Tim Tully, who said anything we can do to choke the supply and flow of machetes out onto the streets is a step in the right direction. That has taken effect from today. Furthermore, the member for Greenvale brought in a couple of fine examples of unintended consequences of rushing through legislation of this nature. He spoke about the Gurkha knives, and he also spoke about World War II artefacts. There has to be careful consideration of these things lest people for some reason end up finding out that through unintended consequences they are now in breach of the law. When we enact policy, we make sure it is effective and it works well. That is precisely why we cannot rush through a bill that has been brought over from those opposite to try and distract from the other headlines affecting them today.

It is so important – and I know I have stated this already, but governing is not easy. It takes skill, it takes hard work and it takes careful and due consideration. There is no way that we would want to rush anything like this. Amnesties are not easy to enact. We are the first legislature in this country to ban machetes. The legislation has been passed. We are the first to do it, which means when we do it, we have got to get the map going forward for this, the planning, right. And hopefully – and it is up to other jurisdictions – others may then follow suit. But if we do this really well, they will be able to follow the way that we did it as well. In the UK it took them 18 months to effect this. We are doing it in less than that, a third of that time, and it is not four months, member for Malvern – just to let the member for Malvern know – it will be in three months time. So I do oppose this motion for the reasons that I have outlined today, and I hope that others will see sense and reason as well.

Brad Battin: On a point of order, Speaker, we seek leave for the Premier to come in and talk on this, considering the media report now that, pending police advice, the Premier has revealed she is open to fast-tracking the Victorian machete ban from its start date in September.

The SPEAKER: There is no point of order. I encourage members to read the standing orders.

Assembly divided on motion:

Ayes (27): Brad Battin, Jade Benham, Roma Britnell, Tim Bull, Martin Cameron, Chris Crewther, Wayne Farnham, Sam Groth, Matthew Guy, David Hodgett, Emma Kealy, Tim McCurdy, Cindy McLeish, James Newbury, Danny O’Brien, Michael O’Brien, Kim O’Keeffe, John Pesutto, Richard Riordan, Brad Rowswell, David Southwick, Bridget Vallence, Peter Walsh, Kim Wells, Nicole Werner, Rachel Westaway, Jess Wilson

Noes (51): Juliana Addison, Jacinta Allan, Colin Brooks, Josh Bull, Ben Carroll, Darren Cheeseman, Anthony Cianflone, Sarah Connolly, Chris Couzens, Jordan Crugnale, Lily D’Ambrosio, Daniela De Martino, Steve Dimopoulos, Paul Edbrooke, Eden Foster, Matt Fregon, Ella George, Luba Grigorovitch, Bronwyn Halfpenny, Katie Hall, Paul Hamer, Martha Haylett, Mathew Hilakari, Melissa Horne, Natalie Hutchins, Sonya Kilkenny, Nathan Lambert, John Lister, Gary Maas, Alison Marchant, Kathleen Matthews-Ward, Steve McGhie, Paul Mercurio, John Mullahy, Danny Pearson, Pauline Richards, Tim Richardson, Michaela Settle, Ros Spence, Nick Staikos, Natalie Suleyman, Meng Heang Tak, Jackson Taylor, Nina Taylor, Kat Theophanous, Mary-Anne Thomas, Iwan Walters, Vicki Ward, Dylan Wight, Gabrielle Williams, Belinda Wilson

Motion defeated.