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Monday, November 14, 2011

AUSTRALIA - WA confident tough biker laws can survive High Court challenge

OFF THE WIRE
Nicolas Perpitch

  • From: The Australian





  • WESTERN Australia is confident tough new laws designed to break up biker gangs will survive a High Court challenge and set a model for other states to follow.
     Similar laws by South Australia and NSW were struck down the court and already the Rebels, WA's largest club and one of the first likely targets, has indicated it will mount a legal challenge in the nation's highest court.

    Bikers and civil libertarians yesterday condemned the bill as repressive and discriminatory.

    Announcing the laws yesterday, Attorney-General Christian Porter described outlaw motorcycle gxxgs as "the cornerstone of all serious criminal activity" in the state.

    "This legislation represents the key that can crack the back of bikie gxxgs," Mr Porter said. "That may take a decade, but this legislation will be devastating for bikie gxxgs."

    Under the laws, the police commissioner or the commissioner of the Corruption and Crime Commission could apply to a current or retired Supreme Court judge for a group to be declared a criminal organisation.

    They would have to show that on the balance of probabilities the group is involved in serious criminal activity and poses a risk to public safety and order.

    Members of that organisation could then be subject to control orders and banned from associating in almost any way, including having a beer together. If they breach the control order, they are liable to two years' jail for a first offence and five years for subsequent offences.

    http://www.theaustralian.com.au/national-affairs/wa-confident-tough-biker-laws-can-survive-high-court-challenge/story-fn59niix-1226193982121
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