OFF THE WIRE
The bills have been described as the most coordinated legislative attack on bikie gangs in SA history
The South Australian Government has introduced a raft of new laws in its attempts to crack down on bikies and gang activity.
Attorney-General John Rau described the anti-crime package as the largest and most coordinated legislative attack on organised crime in the state's history.
The new laws outlaw participation in a criminal organisation and set higher sentences for crimes committed by members of declared criminal organisations.
The bills also amend aspects that were struck down by the High Court in two separate decisions, the most recent in June last year.
The recent wave of bikie-related shootings in South Australia has the state's legislators grappling for effective crackdowns.
Mr Rau looked sombre on Wednesday as he outlined the package of laws.
"If these measures are not passed quickly, there is a credible risk that the situation may deteriorate," he said.
"The Government is attempting to address the problem comprehensively.
"If not passed, the consequences will be on the heads of those who fail to pass these measures."
The package includes changes to control orders which were found to be invalid by the High Court.
The bills also includes new offences, such as participating in a criminal organisation and increased sentences for criminals who are members of declared organisations.
It comes in the wake of high-profile bikie-related crimes such as when two men opened fire on a popular North Adelaide cafe in December, and the shooting death of Giovanni Focarelli, the son of a prominent Adelaide bikie gang leader.
Mr Rau says it is vital the legislation is passed given the recent increase in bikie activity.
"I do not want to see any more of the events that we have seen in the last few weeks in Adelaide," he said.
"Every step that we can take and every tool that we can give to the police to be able to control these individuals, we want to give them."
NSW Attorney-General Greg Smith introduced legislation into his parliament to outlaw bikie gangs on Tuesday.
If passed, NSW police will be able to apply to a Supreme Court judge to declare a bikie gang a criminal organisation and impose control orders to stop gang members from associating with each other.
These aspects are similar to how the South Australian laws are drafted, giving Supreme Court judges the power to declare a criminal organisation rather than the attorney-general.
Bracing for a challenge
Mr Rau says he is certain criminal organisations will challenge the new laws in court.
"I've been advised by senior people in the Government, including the Crown Solicitor and the Solicitor General, that this legislation is within the scope of constitutionality," he said.
"But I need to say this: I entirely expect, that if this legislation is passed, at some point, somebody who doesn't like the fact that it effects them, will challenge it."
Adelaide defence lawyer Craig Caldicott was part of the legal team that successfully had key aspects of the previous bikie laws overturned by the High Court.
He says further challenges depend on how the final laws are passed.
"There were some drafts that were linked from the Attorney-General's website and I've seen those particular documents and I think that they've got some inherent problems with them and I think that some of it's a bit misguided," he said.
South Australia Law Society president Ralph Bonig says the new legislation is more robust than the previous bikie laws that were overturned.
"Because it's so complicated, I'm not saying that it's not open to challenge but it is not as flawed as the first piece of legislation and we'll just need to wait and see what happens," he said
http://www.abc.net.au/news/2012-02-15/sa-moves-to-strengthen-anti-bikie-laws/3832448/?site=newcastle
Mr Rau says it is vital the legislation is passed given the recent increase in bikie activity.
"I do not want to see any more of the events that we have seen in the last few weeks in Adelaide," he said.
"Every step that we can take and every tool that we can give to the police to be able to control these individuals, we want to give them."
NSW Attorney-General Greg Smith introduced legislation into his parliament to outlaw bikie gangs on Tuesday.
If passed, NSW police will be able to apply to a Supreme Court judge to declare a bikie gang a criminal organisation and impose control orders to stop gang members from associating with each other.
These aspects are similar to how the South Australian laws are drafted, giving Supreme Court judges the power to declare a criminal organisation rather than the attorney-general.
Bracing for a challenge
Mr Rau says he is certain criminal organisations will challenge the new laws in court.
"I've been advised by senior people in the Government, including the Crown Solicitor and the Solicitor General, that this legislation is within the scope of constitutionality," he said.
"But I need to say this: I entirely expect, that if this legislation is passed, at some point, somebody who doesn't like the fact that it effects them, will challenge it."
Adelaide defence lawyer Craig Caldicott was part of the legal team that successfully had key aspects of the previous bikie laws overturned by the High Court.
He says further challenges depend on how the final laws are passed.
"There were some drafts that were linked from the Attorney-General's website and I've seen those particular documents and I think that they've got some inherent problems with them and I think that some of it's a bit misguided," he said.
South Australia Law Society president Ralph Bonig says the new legislation is more robust than the previous bikie laws that were overturned.
"Because it's so complicated, I'm not saying that it's not open to challenge but it is not as flawed as the first piece of legislation and we'll just need to wait and see what happens," he said
http://www.abc.net.au/news/2012-02-15/sa-moves-to-strengthen-anti-bikie-laws/3832448/?site=newcastle
