OFF THE WIRE
ANTI-bikie laws could be plagued by costly and embarrassing legal challenges, Victoria's peak law body says.
The Baillieu Government must get the legislation right because the laws would almost certainly be challenged by outlaw motorcycle clubs, Law Institute of Victoria president Michael Holcroft said.
But the State Government, which wants its laws enacted this year, says the LIV will be proved wrong.
The Department of Justice has been working on the legislation since the Coalition won government in 2010.
In the same year outlaw gxxg the Finks won a High Court ruling against South Australian anti-bikie laws, and Hells Angels won a ruling against similar laws in NSW last year.
The Government says the law institute has not seen draft legislation, which would be drawn up to avoid successful High Court challenges.
Briefings are being held with Victoria Police and others.
Mr Holcroft said that proscribing gxxgs as criminal entities had been difficult and expensive.
"Effectively you will have to prove they are criminal organisations,'' he said.
"The Baillieu legislation is trying to create guilt by association.
"It's very difficult. I don't know whether it's worth the effort.''
He said the Crimes Act (1958) allowed authorities to seize assets and profits of crime.
The Government's plan to rip down fortifications was likely to fail, he said.
"Every business owner and most clubs take steps to secure their assets,'' he said.
"The first proscribed bikie entity will be off to the High Court. If the Government gets it wrong, yes, it will be expensive.
"They've probably painted themselves into a corner. The consequences of getting it wrong will be very public.''
Anti-bikie legislation was one of many law and order reforms the Baillieu Government promised in its bid to win government in 2010.
A spokesman for Attorney-General Robert Clark said the law institute should not be commenting on legislation it had not yet reviewed, or be comparing outlaw gxxgs with legitimate business people.
"Comparing organised crime gangs with law-abiding businesses and clubs is absurd; law-abiding businesses and clubs are not engaged in commercial drug manufacturing, illegal firearm possession and stand-over tactics that are the core business of criminal motorcycle gxxgs,'' he said.
http://www.heraldsun.com.au/news/true-crime-scene/anti-bikie-laws-a-legal-headache/story-fnat7jnn-1226357671428
