Concerns raised over Vic bikie gang ban

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  • Crazy Erny
    Crazy Erny
    12 years ago
    http://news.ninemsn.com.au/national/2012/11/14/11/01/moves-to-outlaw-vic-criminal-bikie-gangs
    New laws will enable police to strike pre-emptively against criminal bikie gangs and make interstate orders enforceable in Victoria.

    The legislation introduced into Victorian parliament on Wednesday gives police the power to apply to the Supreme Court to order criminal bikie gangs and other gangs to be declared banned.

    Once an organisation is declared illegal, the court can then make control orders banning members of that group from associating or participating in gang activities, including riding together and wearing their club colours and emblems.

    Attorney-General Robert Clark says the legislation allows for control orders in other states to be enforceable in Victoria.

    "It's important that these gangs are not able to simply shift their operation from one jurisdiction to another," he told reporters.

    Individuals who breach a control order will face up to five years' jail and organisations can be fined up to $400,000 and have assets confiscated.

    Laws cracking down on criminal bikie groups in South Australia and NSW were struck down by the High Court after successful challenges by bikie gangs.

    But Mr Clark said he was confident the Victorian legislation would stand up to a

    High Court challenge as it was based on normal judicial process.

    "The South Australian legislation provisions, the part that was struck down by the High Court, sought ... to have the court give effect to a decision of the government," he said.

    "We are saying all along this is a matter for Victoria Police to make a decision to put the information before the court."

    Police may apply to the Supreme Court to hold closed hearings if sensitive criminal intelligence needs to be raised.

    Mr Clark said while bikie gangs operate under a pretence of legality the feedback from law enforcement agencies across Australia was that they were involved in serious criminal activity, such as drug trafficking, extortion, violence and arson.

    "The current law means that police are acting against individual criminal offences and prosecuting those particular offences," he said.

    "But the police do not have the power to act pre-emptively against gangs to strike at the entire activity of the gang; that is the gap that this legislation will fill."

    Serious criminal activity is defined as systematic and organised activity involving offences carrying jail time of more than 10 years.

    The government hopes to have the legislation passed by parliament before Christmas and plans to introduce more bills to allow police to remove criminal bikie and other gangs' fortifications early next year

     

    .....Scary Shit!

     

  • HOG-JOCKEY
    HOG-JOCKEY
    12 years ago
    BAN BAN BAN CONTROL CONTROL CONTROL.
    I'm gunna ring my local member every time I ride with a buddy or go on a poker run or go to a show just to check with them to see if
    if it contravenes their sensibilities.

    RING RING.
    Hello member.
    Wanna go up the road and get a pie with bluey carl and wazza.
    Any ob's ya white shirt ignorant pompass fucktard ??

    Oh they hanged up.
  • scotti
    scotti
    12 years ago
    No No they`re also professionals in the field of un-organised crime , what do they need a police integrity taskforce for if they`re all straight law abiding citizens anyway ?
    I think you missed a few chopa , like NSW QLD SA WA ACT NT and TAS ?
    Must be careful , wouldn`t want to be repeatedly tazzerred or anything like that ?
    May as well be carryin around a portable electric chair or somethin ?
  • MADOGA
    MADOGA
    12 years ago
    5 years for association WTF!
    rapists kiddy fiddlers and murders get less.

    This country is becoming far worse than just a nanny state.
  • 98superglide
    98superglide
    12 years ago

     Well said mate. Hopefully they can also ban the melbourne storm. That would make my day...

  • Chillidog
    Chillidog
    12 years ago

     OK so I cant get together with me mates and have a beer and shit and giggles, but I can dress up as a Catholic Priest and do things that is totally fucked, more wicked then what ever bad things we do when we get together for a beer. STOP fucking with us and go and arrest the unconscionable, the Catholic  priests who get together and take advantage of the weak, meek and young who use the excuse that they answer to god. 

  • GG-74
    GG-74
    12 years ago
    WA passed their version of these anti-association laws a few weeks back also. Tassie is lookin at it too apparently.

    These various Govts have learnt well from NSW & SA.... Just introducing the legislation stifles criticism from

    political opponents for inactivity......AND.... if and when one of the Clubs becomes subject of a Declaration

    Application then the subjudice stature of that court action stifles ALL comment....Especially handy on the run

    into an election. The likely failure of the Legislation at High Court level takes time, a year or two generally,

    just enough time to scrape through another electoral cycle for the mutts. And even when the dust settles on

    another trouncing in the High Court these vote hungry pollies still get to throw their hands up in the air and

    exclaim loudly..'well we tried.. but the soft judiciary let us down again'...bah humbug, the fuker's should be

    fined millions for wasting the Courts time with vote-catching stunts like these post 911 'politics of fear' attempts.
  • scotti
    scotti
    12 years ago
    Well said GG-74 !
  • GG-74
    GG-74
    12 years ago
    Your prediction may well come true Chopa, the two cases that have been rebuked by the High Court sofar were not turfed

    because they were unconstitutional but because small sections of wording were illegal.

    Those 2 State Govts, and nearly all the others now, have rewritten their versions to circumvent the areas the High Court

    objected to. As you say, eventually they may ease a version through this process, hopefully the continued legal resistance

    by the targeted groups will chip away at the dangerous parts of the legislation...especially the anti-association and secret

    evidence components. The main hope is that these groups do not succumb to the authorities tactic of draining everyones coffers

    so they get to claim victory, Not by getting the justice they deserve, but getting the justice they could afford !

    We will all know soon enough.... the Qld Finks case is up for hearing in the High Court the first week of December..... to be cont...
  • daddyracer56
    daddyracer56
    12 years ago

     i don't pretend i'am a bikie esp on a sunday ,but  anyday,   anytime,   i just wana ride my motorcyclie

  • sportsterdavo
    sportsterdavo
    12 years ago
    even sadder days ahead.....
  • Maxi
    Maxi
    12 years ago
    The thing that troubles me the most about these anti-association laws is that they are being spruiked to "get rid of the bikie menace" Lets say that the government achieves this and there are no more bikies in Australia. WHat happens with these laws next? Do they just go away? I haven't read the document in its entirety yet, but cant the government use these laws against anyone they deem, for lack of a better word, a nonconformist?
  • GG-74
    GG-74
    12 years ago
    Yep Maxi, they sure can use 'em on 'non-bikies'. They cleverley left the words 'bikie, biker, motorcycle gang, motorcycle club' etc out of every page of every version state by state.

    While that tactic may have protected the lawmakers from blatant (and illegal) discrimination it also means ANYONE can be caught in its web...innocently....and thats exactly why

    every Law Society, Bar Association, and many notable Jurists have protested long and loud against these Laws.......They ALL agree on one thing, Laws MUST protect the innocent as

    efficiently as they entrap the guilty. Unfortunately, these types of Laws which reverse the presumption of innocence, allow hearsay to be used as evidence, AND, probably the most

    dangerous component of all... Deny the accused, or their Lawyer, to see the evidence against them !...Only the prosecution and Judge get to see it....Unfukinbelievable eh ! So even if

    you have an alibi for some event, an alleged 'association' lets say, you cant possibly give that alibi because you are not allowed to know the evidence against you....fair huh ?

    These Laws were designed to virtually guarrantee successfull prosecutions against terrorists post 911, most people went along with the bending of hundreds of years of Westminster Law

    being bypassed in the wake of the world trade center attacks, but unfortunately, opportunistic politicians in bed with eager police saw an opening in the publics acceptance and rushed in.

    Some versions had 'sunset clauses' inserted in them (5 years in SA) so once they had 'cleaned up' the bikies they would be dispensed with. As you would expect most have deleted those

    sunset clauses now... so they are here for good....unless of course the High Court keeps kickin them to the curb every time they get to hear a case. The 'Special Powers Act' in Ireland during

    the 'troubles' in the early 70's were very similar, people who associated with the IRA were deemed potential terrorists and gaoled for association. Long Kesh military camp ended up with nearly

    2000 inmates pretty quickly, most were students who frequented pubs thought to be IRA recruiting haunts. Anyway long story short, support for the IRA grew massively because of the injustice

    being meeted out to innocents, so the Law was repealed quick smart and support waned. The notion of a Govt, any Govt, telling their citizens who they can have as a friend, and then imprisoning

    that citizen when their choice doesnt match the Govts choice has never worked, and hopefully never will. Taking on the 1%ers with this same notion is doomed to fail, imprisonment alongside that

    friend for resisting also will almost take on a political prisoner status in most members minds......However, in the end it may take the imprisonment of innocents before public opinion swings around for repeal,

    or as I mentioned earlier the High Court plays its constitutional role in keeping the bastards honest.
  • Maxi
    Maxi
    12 years ago

    Thanks GG for clarifying that for me. Mate, those laws are shit scary. Looks like I have a whole heap of research to do this weekend. Can someone direct me toward some threads or websites where I can get involved in protesting or disputing these laws?

  • Maxi
    Maxi
    12 years ago

    Cheers GG!

  • sportsterdavo
    sportsterdavo
    12 years ago
    protest fix f=ck all

    think out of the square....
  • Crazy Erny
    Crazy Erny
    12 years ago

    I know I am not going to be popular after this, but the truth of the matter is that 1% Clubs has brought all this shit down on all of us, as well as themselves. There has been gang wars in this country since year dot, but the law, the Public & politicians, didn't give a fuck because it was kept out of the public eye for the best part. Their attitude of the power that be at the time was, as long as they kill & wound each other in private, we don’t care as they are doing all of us a favour.

     It's only the last two decades that has escalated to the point where outlaw clubs got right out of control, with no discretion about manufacturing & selling drugs, Public bashings, drive bye’s  home invasions, kidnappings & Public Murder & Executions! There are many things inside 1% clubs that have caused this situation which I will not elaborate on as most of you who have had any associations with, Outlaw Clubs already know those answers.

    As a reformed, old School Criminal, I stood up & copped what I was dished out, I didn’t cry for protests, I didn’t make or sign any record of interviews, or complained that I was unfairly treated, I done my time & kicked along with it till paroled or realesed! Every hardline criminal I have ever associated with were all subject to being set up by the Feds, at one time or another, it’s just part of the course. What it comes down to is this:

                                                    IF YOU CAN’T HANDLE THE TIME, DON’T DO THE CRIME!       

     

     

  • scotti
    scotti
    12 years ago
    In the USA they seem to have a segregated prison for each of the gangs and it`s associates , it is almost as rediculous here now , but that is where it`s sorta all leading too ?
    Question to be raised is will this short sighted proactive bandaid solution and stance by Australian State Governments only serve to drive it all underground anyway , one would think it would be in there best interests for there to be a visible presence , arn`t their laws and legeslations broad enough as it is without the need to brand innocents in their attempts to hobble OMC`s and any alleged organised crime ?
    Seems rediculous that they can strip anyone of a gun licence and then that person must then prove their good character , i thought one had to be proven fit to gain a licence beforehand anyway , there are many other groups in this country that they should be worried about though seemingly arn`t , or as much ?
  • GG-74
    GG-74
    12 years ago
    Yep Scotti your line regarding 'Laws and Legislation being broad enough as it is without the need to brand innocents in their attempts to hobble OMC's' is the key to it,

    That very concern was the main thrust of all the criticsm directed at the various State Govts when they trumpeted their 'solution' to Biker crime. All Legal bodies and

    many highly ranked jurists (NSW DPP Neville Cowdery and others) voiced their protests loudly at such a departure from Westminster Law after so many centuries.

    Erny this is where the Clubs rallied and formed a council to join those protestations, not to protect the active crooks among them but to protect the many non-crminally active

    members and more importantly, their friends, workmates, neighbours, sport club associates and even rellies.....(cousins are not exempt - only direct family)

    Now wether some believe all this vote catching, politics of fear type of Legislation was bought about purely because some of the Clubs became more criminally active

    or wether shrewd political strategists, beginning with Rann, saw vilification of an unpopular subculture as both a perfect platform to project a 'tough on crime' mantra and

    a handy distraction to use when other political events go pear shaped many will have polarised opinions, for most who live and breathe the life, we see it as a bit of both...

    And while we have the freedom of speech to voice those varied opinions, the place is in good shape, once we dont have the choice to pick our own friends then it seems likely

    that freedom to say what we think may not be as sacrosanct as we are enjoying right now. All standup motorbikin men that I have mixed with, on the road, or in her majesty's hotels

    over the last 40yrs have no problem with abiding by your last line......except they may add a modification to bring it up to speed with modern politics....If you dont do the crime, you shouldnt have to do the time.!
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