Australia, NT Govt confident bikie laws stand up

OFF THE WIRE
BY: DAVID WOOD
Source: ntnews.com.au
The NT Government is confident their bikie laws stand up.
THE Territory Government believes its anti-bikie laws are safe from a similar fate to those of South Australia, parts of which the High Court found unconstitutional.

In its judgment on Thursday, the seven judges ruled 6-1 against the South Australian Government, accepting argument from two members of the Finks motorcycle club.

Th court struck down section 14(1) of the legislation, obliging a magistrate to impose a control order on any individual found to be a member of a declared gang - regardless of whether they had committed or were ever likely to commit an offence.

In his reasons, Chief Justice Robert French said South Australia's Serious and Organised Crime Act required the magistrate to carry out a function that was inconsistent with the fundamental assumptions upon which the Australian constitution was based.
"In that sense it distorts the institutional integrity which is guaranteed for all courts," Justice French said.
The NT's Serious Crime Control Act 2009 received assent in November last year.
In a statement, Attorney-General Delia Lawrie said that advice from the Solicitor-General "indicated" the Territory laws "are unaffected by the recent High Court decision into similar legislation in South Australia".
The legislation allows for a bikie gang to be declared a criminal organisation and members of "declared" gangs to be prevented from associating with one another.