By Stephanie Anderson
Video: Victoria moves to restrict activities of bikies (7pm TV News VIC)
The Victorian Government will introduce legislation into Parliament today to restrict the activities of outlaw motorcycle gangs.
The
change would allow Victoria Police to apply to the Supreme Court to
make a declaration declaring a motorcycle gang a criminal organisation
and impose control orders on groups and individuals.The legislation would also allow declarations and orders made in other states and territories to be upheld in Victoria.
Victorian Premier Ted Baillieu says the laws would empower police to protect Victorians from the activities of outlaw motorcycle gangs.
"In opposition, we pledged to stop Victoria becoming a sanctuary for criminal bike gangs. Other states have taken various steps in this regard," he said.
"Victorians do not want to see criminal bike gangs flourishing in this state, and they do not want to tolerate these activities."
Individuals breaching a control order would face up to five years jail, while organisations could be hit with a $400,000 fine and have property confiscated.
Gangs could also be prevented from wearing their club colours, associating and riding together.
Attorney-General Robert Clark says he is confident the legislation would stand up to a High Court challenge because it follows normal judicial processes.
"The Supreme Court would need to be satisfied beyond reasonable doubt that an organisation is being used to undertake serious criminal activities, or that individuals within the organisation are using it to undertake serious criminal activities," he said.
The process could take place behind closed doors, but the Attorney-General has rejected suggestions this would create a kangaroo court.
He says the public release of some sensitive criminal intelligence could put sources at risk.
Legal questions
Victoria's peak legal body has labelled the legislation as populist and raises doubts it would be upheld in court.
The president of the Law Institute of Victoria, Michael Holcroft, says the legislation is thought to be simple.
"The Government's just focusing on what shirt you wear, what jacket you wear, what patch you wear. And it intends to make law-abiding citizens into criminals," he said.
"We're not focusing on what those people are doing. We're just focusing on what they're wearing and what club they're a member of.
"We think that's fundamentally wrong and from a rule of law situation that's wrong as well."
He says the Government and law enforcement agencies should be focused on what criminal activities an individual is undertaking.
Bikie legislation in New South Wales and South Australia has been challenged at the High Court. Queensland's laws are currently being tested.
Mr Holcroft says the Victorian Government have waited until for the result of the latest High Court challenge before introducing its own legislation.
"There may be lessons to be learned from what the High Court says about the Queensland legislation," he said.
Mr Holcroft has also questioned the Government's plan to enforce interstate bans and orders against bikies.
"I certainly believe that the legislation is flawed in so far as they are going to just try and register decisions of other states in Victoria. I just cannot see that our courts will uphold that," he said.
Under fire
The United Motorcycle Council of Australia says motorcycle club members will challenge the legislation.
Spokesman Russell Wattie says the law is unconstitutional.
He has rejected the Premier's suggestion that some motorcycle clubs are fronts for illegal activity.
"There's clubs that have members involved in crime, but that's not the club, it's the individual members. Most clubs frown on any crime that reflects badly on the club," he said.
"The courts should be targeting any individual, whether they're in a bikie club, or the Masons, or a rotary club, or the Catholic Church. They should be chasing criminals.
"There's guys in clubs who have no criminal record, who have no criminal past, who've done nothing criminal. Why should they be targeted for who they have a beer with?"