South Australia, Queensland anti-bikie laws to proceed despite High Court ruling

OFF THE WIRE
BY: Suzanne Lappeman
Source: heraldsun.com.au
A HIGH Court decision to strike out controversial anti-bikie laws in South Australia will not impact on similar laws in Queensland after the Chief Judge found crucial differences between the two states' legislation.
The Queensland Opposition and United Motorcycle Council, who joined forces last year to fight the Bligh Government's legislation, rejoiced prematurely yesterday when the High Court handed down its decision, siding with two members of the Finks motorcycle club who challenged the SA laws which banned gang members from associating with each other.

But a team of Queensland Government lawyers who studied the 190 page judgment later announced it would have no adverse impact on the operation of Queensland's Criminal Organisation Act, goldcoast.com.au said.

Attorney-General Cameron Dick pointed out the High Court's acknowledgement that the Queensland law was different because only Supreme Court judges had the power to declare an organisation criminal and to make control orders unlike in SA where the government could make the order.

"Supreme Court judges will have a discretion when it comes to assessing applications for declarations of criminal organisations and making control orders," he said.

"This is completely different to the South Australian model where the Attorney-General, a member of the government and not the judiciary, is involved in issuing declarations of organisations."

Deputy Opposition leader Lawrence Springborg was left red faced after he sent out a media release soon after the judgment was handed down, claiming the Queensland laws were now in disarray.

The LNP sided with the United Motorcycle Council Australia to oppose the legislation after meeting with the outlaw bikies' lobby group last year.

Mr Spingborg said the High Court decision vindicated the LNP's position against Labor's anti-association laws.

"No amount of new laws dealing with association will stop criminal activity. But giving police and prosecutors the power and resources to seize all unexplained assets will," he said.

"Organised and serious drug crime is about profiteering. Labor's anti-association laws do nothing to stop organised crime groups from racketeering and drug pushing."

Read more at goldcoast.com.au.