OFF THE WIRE
So they have made it illegal to be a biker in Australia?
This is a disgrace. I'm someone who supports them but this is an attack on the justice system in WA. All citizens should be subject to the same laws and penalties. If current penalites are not strong enough then strengthen them but apply them to everyone equally.This doesn't sound right to me at all. Existing laws should be enough if enforced. This really does sound like the Nazis in the 1930s and the Communists in the USSR in the '40s, '50s and '60s. And these proposed laws from a conservative government, too. This would never happen in the USA, land of the free. Probably not England, either.Joe Spagnolo and Nicole Cox
perthnow.com.au
Source: PerthNow
BIKIES will be hit with tougher sentences for the same crimes committed by anyone else under sweeping new laws to smash outlaw motorcycle gangs in WA.
And gang members will face up to five years behind bars on a second offence if they are caught riding their motorcycles together, having a beer together or phoning or texting each other.Gang members can even end up in the clink for sending another bikie a Christmas card.
The Sunday Times can reveal for the first time the extent of the State Government's controversial bikie anti-association laws, which Attorney-General Christian Porter says will "crack the back of bikie gangs" once and for all in WA.
The Rebels, now WA's biggest bikie gang with about 80 members and 40 nominees, will be the first club to be targeted.
Assistant Commissioner for specialist crime Nick Anticich said the laws were designed to curb the proliferation of bikie gangs in WA and the growing number of members.
The laws are expected to spark a fierce legal challenge from bikies. They will be introduced into State Parliament when it resumes in a fortnight and include measures such as:
* Giving judges in the Supreme Court the power to declare bikie gangs as "criminal organisations" and issue gang members with "control orders" to stop them associating with anyone else issued with an order. For a breach, they face mandatory jail of up to five years.
* Mandatory jail terms for certain offences and tougher penalties for bikies than any other West Australians. Manufacturing drugs now attracts a minimum 18 years and nine months behind bars; carrying an unlicensed firearm will get them a minimum three years in jail, and for murder a bikie will be jailed with a minimum non-parole period of 20 years.
* Banning bikies from attending club events and recruiting new members will attract a maximum of five years jail.
* Jailing the masterminds behind offences committed for the benefit of bikie gangs for up to 20 years.
* Banning bikies from places such as bars and clubs, and banning them from carrying guns and weapons. They could also be banned from doing various jobs such as bar work or security, as determined by the courts.
Authorities in South Australia and New South Wales have tried to introduce similar anti-association laws, but they were shot down after challenges in the High Court.
But Mr Porter said the WA legislation called the Criminal Organisations Control Bill has been drawn up by the best legal minds and he was confident a court challenge would fail.
"I am sure that bikies will mount challenges against us because the effect on criminal gangs will be devastating," Mr Porter said. "We have received the best advice . . . and all of the advice is that this is constitutional and sustainable.
"The process here is a fairer, more heavily argued process whereby everyone has the opportunity to make submissions and argue their point of view."
In recent years, three new gangs the SA-based Finks, Comancheros from NSW and Canadian-based Rock Machine have gained a foothold in WA.
Mr Anticich said the new laws were essential. "If we are any less powerful or less capable, we will be a magnet and we will attract those clubs to this state," he said.
"This is about addressing this particular problem and they are a virulent problem. There is a need to take this step to address the fact that they don't abide by the law, they break the law by a matter of course."
Mr Anticich said the legislation, if successful, would complement police powers of anti-fortification and asset confiscation, but he expected a High Court challenge from bikies.
"Outlaw motorcycle gangs are, at their core, criminal organisations who principally engage in organised and serious crime," he said.
"They are involved with drugs, extortion and any crime or commodity that more times than not, is illicit.
"That is their trade, that is how they make their money, that is their basis of power.
"They are a threat to the community and it's important that we address that. We endorse and support any power or provision that we can add to our armoury of powers that we can apply in this fight against organised crime."
Shadow attorney-general John Quigley said the Opposition supported moves to crack down on outlaw motorcycle gangs, but he expected a strong legal challenge by gangs.
