Weatherill moves to criminalise bikie gangs

Jun 03, 2015

Photo: AAP

UPDATED: Controversial legislation to classify 27 so-called outlaw motorcycle gangs as “criminal organisations” will be introduced to parliament this afternoon.

The proposed laws will effectively declare membership of the state’s outlaw gangs a criminal act, banning people from wearing club colours or accessories in licensed venues or from appearing in public with two or more other members of a declared gang.

Premier Jay Weatherill said the laws and the proposed declared gangs, which include the Finks, the Hell’s Angels and the Coffin Cheaters (see full list below), were “a direct result of advice we have received from SAPOL”.

“We are acting solely in the best interests of community safety,” Weatherill said.

“People have a right to feel safe in our community, and serious organised crime groups are a threat to people’s safety.”

Anti-bikie law has been a fraught topic for the SA Labor Government, with initial attempts to “get tough” on gangs by slapping them with control orders declared invalid by the Full Court of the Supreme Court in 2009.

The new push follows a similar move by the Campbell Newman’s ousted LNP Government in Queensland, which made membership of any of that state’s 26 outlaw motorcycle gangs essentially a criminal act.

Those laws were also subject to a High Court challenge, but it was deemed the plaintiff, a Hell’s Angels member, “lacked the standing to challenge the Act”.

Weatherill said his Government’s legislation “will declare a number of groups to be criminal organisations, severely restricting their ability to act in our community”.

“The legislation includes new offences applying to gang members who recruit others to participate in the criminal organisation,” he said.

“It also makes it an offence for people to enter licensed premises wearing or carrying items of clothing or jewellery or an accessory displaying the name or symbol of a declared criminal organisation, such as club colours or clothing representing criminal gangs, or who fail to leave a licensed premises when required.”

Attorney-General John Rau said further new offences would be created, making it illegal for members of criminal organisations to be present in a public place with two or more other members of a criminal organisation, a measure traversing similar ground to the failed anti-association laws bid.

“There is also a new offence prohibiting members of criminal organisations from entering a place or event that has been prescribed by the regulations,” Rau said.
“The gangs declared under this legislation are those with a presence in South Australia and those that operate in other States and Territories. By declaring them to be criminal organisations they will be subject to a range of tougher provisions, making it easier for Police and the Courts to crack down on their criminal activities.”

Opposition spokeswoman Vickie Chapman said the Liberals were “looking at the detail of these bills …we will consider (them) seriously”.

“Our highest priority is to protect the safety of South Australians,” she said.

“Perhaps the most disappointing thing is that we have “consistently committed with the Government to continue the war on bikie gangs, and consistently the Government has failed to deliver the promises on the reforms we’ve done to date.”