AUSTRALIA - WA lawyers oppose bikie laws

OFF THE WIRE
Lawyers have spoken against the West Australian government's plan to adopt the toughest organised crime laws in the country, which could see bikies banned from associating.
Groups deemed to organise, plan and facilitate criminal activity, and that pose a risk to public safety, could become declared criminal organisations (DCO) under the proposed legislation.
Once a criminal organisation has been declared by a judge, police could apply to the Supreme Court for control orders to stop the group associating with other controlled people, going to banned locations, promoting the organisation or transferring funds to the organisation.
The Criminal Organisation Control Bill 2011 would also strengthen asset confiscation laws so that all property owned by members who commit certain offences could be seized by police.
Attorney-General Christian Porter said many offences would carry a minimum of two years' imprisonment, and offenders in more serious matters would incur least 75 per cent of the maximum penalty for the offence.
He said the bill incorporated lessons learned from other states' attempts at organised crime legislation and would take at least 10 years to fully implement.
However, Australian Lawyers Alliance national director Tom Percy told AAP he opposed any laws of this type.
"It is a massive assault on the entire concept of freedom of association," he said.
Mr Percy said the proposal was merely a desperate attempt at popularity from the state government.
He said it was possible for a watered-down model to succeed but did not see the current proposal working.
Lawyer Laurie Levy, who has represented bikies, told AAP the bill was a breach of fundamental law.
"It discriminates against individuals ... it punishes people rather than offences," he said.
"It will be impossible to police, because it will force people to go underground."
Opposition spokesman John Quigley has said that while Labor supported the proposal in principle, it was important to proceed with caution after NSW and South Australia had similar laws challenged in the High Court.

http://bigpondnews.com/articles/National-Regional/2011/11/14/WA_lawyers_oppose_bikie_laws_684987.html