OFF THE WIRE
Bikies combined to protest original round of legislation ( - ABC News)
Five bills will soon be introduced Parliament in a bid to once more attempt to stem the creation and operation of organised crime gangs in South Australia.
Previously the Attorney General would have declared a group responsible for the conduct of organised crimes.
The new bill proposes that the declaration is to be carried out by a judge.
Mr Rau told 891 Mornings he believed, with the amendments, the Government had got the legislation right.
"On the basis of the best advice I can get, I believe we have solved that problem."
Mr Rau said the new bills would take aim at crime organisations mobility, by presumption that a person displaying the insignia of an organisation at the time of an offence would be acting as part of the gang.
Conditions are suggested for the removal of presumption for bail on gang members charged with crimes, to protect witnesses.
Encouragement would be offered for imprisoned gang members to provide information on serious criminal activities, with measured offered to review sentence duration on value of information offered.
Witnesses would be allowed to provide evidence, under special conditions, without having to physically appear in the court room.
Prosecutors could apply for trial by judge, without jury.
The Government would also attempt to introduce laws to prevent the known criminals mixing with other known criminals, with a 'desist from consorting notice' only able to be removed with a judge's approval.
Criminals could be prevented from communicating or socialising with named persons, and even banned from visiting specified areas.
"We intend to give the court very wide discretion to make orders so as to limit what that person can do."
Mr Rau said the bills will also go as far as restricting mobile phones and internet connections for convicted criminals.
"Obviously these people can continue to conduct their business if they can communicate with people."
Paul Kuhn from the FREE Australia political party, a group formed to protest the Government's original anti-bikie legislation, believed the new bills would provide the same protests as the original legislation.
Mr Kuhn said the legislation would, in effect, allow a person to be declared criminal by association.
"That has already been thrown out by the High Court in two cases, and I suspect this will happen again," Mr Kuhn said.
Mr Khun agreed that the introduction of a judge to rule over the classifications was an improvement, but said it simply paralleled that bill to legislation that was 'thrown out' of court recently in New South Wales.
"It would appear that they haven't considered exactly what happened in New South Wales."
Mr Rau said the legislation was not particularly focussed on motorcycle club members, but was to focus on those who were involved in the organisation and carrying out of organised criminal activities.
"This is about what people do, not about who people are," Mr Rau said.
Five bills will soon be introduced Parliament in a bid to once more attempt to stem the creation and operation of organised crime gangs in South Australia.
After a High Court challenge was made to the serious and organised crime legislation previously attempted by the Rann government, Attorney General John Rau said the Government has amended the legislation and will attempt to submit a new 'anti-crime package' as soon as possible.
One change under the new package is to remove the Attorney General from the process.Previously the Attorney General would have declared a group responsible for the conduct of organised crimes.
The new bill proposes that the declaration is to be carried out by a judge.
Mr Rau told 891 Mornings he believed, with the amendments, the Government had got the legislation right.
"On the basis of the best advice I can get, I believe we have solved that problem."
The proposed laws
Mr Rau said the new bills would take aim at crime organisations mobility, by presumption that a person displaying the insignia of an organisation at the time of an offence would be acting as part of the gang.
Conditions are suggested for the removal of presumption for bail on gang members charged with crimes, to protect witnesses.
Encouragement would be offered for imprisoned gang members to provide information on serious criminal activities, with measured offered to review sentence duration on value of information offered.
Witnesses would be allowed to provide evidence, under special conditions, without having to physically appear in the court room.
Prosecutors could apply for trial by judge, without jury.
The Government would also attempt to introduce laws to prevent the known criminals mixing with other known criminals, with a 'desist from consorting notice' only able to be removed with a judge's approval.
Criminals could be prevented from communicating or socialising with named persons, and even banned from visiting specified areas.
"We intend to give the court very wide discretion to make orders so as to limit what that person can do."
Mr Rau said the bills will also go as far as restricting mobile phones and internet connections for convicted criminals.
"Obviously these people can continue to conduct their business if they can communicate with people."
Paul Kuhn from the FREE Australia political party, a group formed to protest the Government's original anti-bikie legislation, believed the new bills would provide the same protests as the original legislation.
Mr Kuhn said the legislation would, in effect, allow a person to be declared criminal by association.
"That has already been thrown out by the High Court in two cases, and I suspect this will happen again," Mr Kuhn said.
Mr Khun agreed that the introduction of a judge to rule over the classifications was an improvement, but said it simply paralleled that bill to legislation that was 'thrown out' of court recently in New South Wales.
"It would appear that they haven't considered exactly what happened in New South Wales."
Mr Rau said the legislation was not particularly focussed on motorcycle club members, but was to focus on those who were involved in the organisation and carrying out of organised criminal activities.
"This is about what people do, not about who people are," Mr Rau said.
