not too sure if this has been discussed elsewhere but i am fairly passionate about this so i sent off an email to the front line people and i did get a response from the chief inspector but i need to find out first if i can put his reply on this forum, so as soon as i get an answer i will let you all know
Thank you for your email which has been forwarded to the relevant section for attention. Kind regards, Records Management Unit (224) South Australia Police 30 Flinders Street ADELAIDE SA 5000 T 08 8204 2220 E SAPOL:Enquiries@police.sa.gov.au
Hi there
I was just reading the new anti bikie laws in a bike magazine and as I am not a lawyer I am having trouble trying to understand them. A real concern to me is that being 40 years old with a goatee I also ride a Harley for the enjoyment and freedom and I am not involved with any bikie clubs to my knowledge. I have quite a few mates who also enjoy this pastime and according to the new laws this may now be illegal for us to ride together. I am also considering getting some new tattoos and does that put me into the category of associating with criminal elements at a tattoo parlour. What about if we meet at café etc and there may be bikies there without our knowledge, does that mean we are associating with them even though we don’t know who they are. I need to find out a few of these things pretty soon because it seems to me that maybe some of what we normally enjoy in aus could be taken away and I might even end up in jail or lose my bike just because I ride a Harley.
Cheers and have a nice day
heres the reply
my scanner at work is busted so here it is word for word
dear mr h
thank you for your enquiry of 1 july 2008 about what you refer to as the "new anti-bikie laws". since the introduction of the new legislation into parliment there has been much speculation and misinterpretation in a number of media sources which have no doubt confused many people. the main peice of legislation that is frequently debated in the media is the serious and organised crime(control) act 2008. this act has been passed by parliment but an actual commencment date has not yet been advised.
it may be helpful to you if i first point out the objects of the legislation which are provided for in section 4 of the act. this section states that the objects of the act are to disrupt and restrict the activities of organisations invovled in serious crime, and the members and associates of such organisations, and to protect members of the public from violence associated with such criminal organisations.
your concerns relate to the criminal association aspects of the act and i will clarify this part of the act for you. the legislation allows for the attorney general to declare organisations if the attorney general is satisfied that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity and the organisation represents a risk to public safety and order in this state.
once an organisation is declared the commisioner may apply to the court for conrtol orders against members of organisations that may have been declared or between people who have or are engaging in serious criminal activity. if any person associates with a member of a declared organisation or a person who is subject to a control order 6 or mores times in a 12mth period they will commit the offence of criminal association providing they knew or were reckless as to whether the person was a member of a declared organisation or were subject to a control order. the act also provides a "reasonable excuse" defence for which associations can be disregarded by the court.
another aspect of the new act is to restrict persons with prescribed criminal convictions from associating with each other. a presrcibed criminal conviction will be defined by regulations which have not yet been finalised but they will be serious in nature. if any person with a prescribed criminal conviction associates with another person with a prescribed criminal conviction 6 or more times in a 12mth period they will commit the offence of criminal association. although there is no reasonable excuse defence for persons of this class there are a number of exempted associations including close family members, lawful employment, prescribed training and education courses amongst others. these exempted associations also apply to a persons associating with members of declared organisations and persons subject to control orders.
your concern also seems to include that you may not know that you could be inadvertently associating with some people that fits these catagories. if you are detected associating with a member of a declared organisation or a person subject to a control order for example, police will tell you of the status of that person so you know. if you choose to continue that association 6 or more times in a 12mth period you may commit an offence.
therfore you will only need be concerned if you:
become a member of a declared organisation or associate with members of a declared organisation 6 or more times in a 12mth period
associate with a person subject to a control order 6 or more times in a 12mth period
have a prescribed criminal conviction and associate with another person with a prescribed criminal conviction 6 or more time in a 12mth period.
the legislation does not target people based on how they look, whether they have tattoos or what motorcycles they ride. it targets people who knowingly or recklessly associate with organisations and their members involved in serious crime. there is a clear distinction between gangs who associate for criminal purposes and motorcycle enthusiasts who associate together for lawful purposes. sapol and the government reconise this distinction.
from the circumstances you have described about your own backgfound, this legislation would not apply to you unless you start to knowingly or reclessly associate with people of this category. i hope that this response is helpful and has clarified the intentions of the new legislation
yours sincerely
mark wieszyk
chief inspector
