Andersen Ginny; Costello CaseyHon GINNY ANDERSEN (Labour): Oh thank you very much Mr Chair. Look I'd just like to ask a couple more questions around this change which is almost a bit like a tiered approach to banning gang patches with the sort of final stage being that as the Minister highlighted this new offence that if someone's being prohibited by the court to even possess—even if it's not publicly displayed—that if they're found to have that in their possession even though it's not publicly displayed that is then an offence that is punishable by a year in prison.I'm really interested to know from the Minister how this interacts with the new firearm prohibition orders (FPO) regime which effectively enables or gives police the broad powers of searching without a warrant or without even a cause. So from the way that legislation works—that police believe they have an FPO on them they are allowed to do a check to see if conditions are being complied with or not. So I would like to understand how that works alongside of this provision.So in a potential scenario if you had a person with an FPO—maybe they're before the courts—and simultaneously police request for this person to receive a prohibition for owning any gang insignia and also a firearm prohibition order upon them as well. Am I correct in understanding that police would then be within their powers to go around to this person's house any time they wanted endlessly to check for weapons? In the course of that search for weapons if they did find gang insignia then that person would be able to be imprisoned for a year?Because I think it's really important that we understand if we're introducing these new broad powers to understand how they can be used in conjunction with different parts of legislation that will come into force in the near future. Because it's quite a new thing from what was initially proposed to outlaw or have it as an offence imprisonable by year for simply having within your possession an item of gang insignia.I wonder how it also relates to the exemption grounds which are stipulated in clause 8 of Part 2 and the exceptions to prohibition is a genuine artistic or educational purpose;". So that's going to be a tricky one. It'll be interesting—you know like what if it's a former gang member who has got an FPO and a prohibition who draws some art with gang insignia on it and gets searched? Is that grounds or not? I'm also really interested in the grounds of exemption for law enforcement. How does that work? So grounds for exceptions to prohibition is "law enforcement" so somehow police or law enforcement agencies would need to display gang insignia and that wouldn't be covered under this.The one I would quite like feedback on is "genuine artistic or educational purpose". What does that cover and how would that play out practically if you had a former gang member who's not active now doing art of gang insignia? They've been subjected to a search of their premises without warning or warrant or even cause if they are suspected of having a firearms prohibition order upon them and then police find artistic or drawings or images of gang insignia in their house. Would that person be up for a year in prison? Or would that simply be used as a way of putting pressure upon people in the community if information was required for another type of offending that had occurred?So what are the checks and balances—I guess I'm asking Madam Chair—when you're having someone up for prison for a year for simply possessing it? It does go into that area of freedom of speech that you're outlawing insignia even if it's not being publicly displayed.Hon CASEY COSTELLO (Associate Minister of Police): I just thought it was timely to sort of clarify the conflating of issues there around prohibition legislation relating to firearms and this legislation. I think the clarity around the police confidence to understand the legal requirements of the purpose of a search and to maintain that purpose within its remit when they do any kind of search—but I think to clarify: the prohibition order—and as the member outlined there are clearly exemptions around that display process. So it is unlikely that a former gang member who is doing art will be subject to a prohibition order given that the member has just referred to them as being a former gang member who's now doing art.So I think it's really important to separate the issues and ensure that we are talking about a prohibition order applied for through the court process and that a maximum penalty to be applied is not the police throwing them in prison for a year. I think we need to make sure we retain that context in that space."