OFF THE WIRE
The NSW police force has admitted it is already preparing a test case to have a
bikie (*club*) banned, a day after legislation allowing such moves was passed by
the state parliament.
The new anti-bikie laws revive and revise laws
which were originally struck down by the High Court a few years ago.
The
former Labor state government introduced them in 2009 after a bikie associate
was killed at Sydney Airport when a brawl broke out between two rival
groups.
New South Wales Police Minister Mike Gallacher says the new laws
will be used soon, but is giving no further details away.
"I don't intend
to run commentary for those bikies when they can expect the hammer to fall," he
said.
"The work has continued to be done by police and it'll be a matter
for police, who then take that matter forward to the courts now that the
legislation has passed the Legislative Council."
NSW Police Commissioner
Andrew Scipione says the police force is also raring to go.
"I'd like to
see it tomorrow but let's just let these investigators get on with it and do
what they have to do," he said.
"We'll be continuing to build up, and as
we move towards a declaration we'll be looking to do that as quickly as we
can."
The NSW laws are similar to Queensland anti-bikie rules, which
earlier in the month survived a High Court challenge by the Finks bikie
(*club*).
The NSW Government wanted to wait and see what happened in
Queensland before it proceeded.
It is also the third attempt by the state
Coalition Government to get the new powers.
Legal challenge
The
Government hopes the new laws will be strong enough to stand up to any legal
challenge.
And it may not have to wait long.
Barrister Wayne
Baffsky, who is the honorary counsel for the United Motorcycle Council of NSW -
which represents the majority of outlaw motorcycle clubs - is responsible for
the successful challenge against the previous anti-bikie laws in
NSW.
"There's every chance that this legislation will be taken to the
High Court or to the Supreme Court once the police go after whom ever they go
after," he said.
"One of the problems with these laws - and particularly
the way they're being spoken about - is the premise that all members of outlaw
motorcycle clubs are criminals, and all outlaw motorcycle clubs are criminal
organisations.
"Now that is just false.
"It may be true that some
of the members might be involved in organised crimes - I really don't know to
what extent that is correct - but I would accept as a matter of common sense
that maybe some of these members are involved in organised crime.
"I
would not accept that all members and all clubs are."
Civil liberty
groups are also concerned, saying the laws could be used to target clubs which
are not even related to motorcycle groups.
Cameron Murphy, the president
of the NSW Council for Civil Liberties, says "everybody in New South Wales ought
to be seriously concerned'.
"It puts far too much power in the hands of
police and it really doesn't address any of the underlying problems," he
said.
"Everyone in the community wants something done about the random,
violent, and dangerous shootings we see in western Sydney, but this government
is incapable of providing police with the direction to deal with
that."
http://au.news.yahoo.com/latest/a/-/article/16450713/nsw-eager-to-use-new-anti-bikie-laws/
