OFF THE WIRE
The State Government is set to roll out some of the toughest anti-bikie
laws in the country as part of a new push aimed at driving criminal
gangs out of WA.
Attorney-General Michael Mischin said gang laws
were being overhauled to include what he said were the most effective
aspects of Queensland, NSW and South Australia’s legislation — described
by critics in these States as draconian.
The changes have been
signed off by Cabinet and work is under way on redrafting the Criminal
Organisations Control Act which was introduced in 2013 but has never
been used.
“There is no place for criminal organisations in WA
and the State Government will continue doing everything in its power to
eliminate them,” Mr Mischin said.
The West Australian revealed in
February that the State Government was eyeing off Queensland’s laws
after it survived a High Court challenge.
The laws enable the
Attorney-General to declare a gang a “criminal organisation” and
effectively ban membership overnight without the need for long or costly
court hearings.
Twenty-six gangs were outlawed in Queensland
within two weeks of the laws being introduced. Under WA’s existing
legislation, a Supreme Court judge determines whether a gang should be
outlawed based on evidence provided by police that members are heavily
involved in organised crime.
Bikies are able to challenge that
evidence during special hearings and appeal against the court's decision
all the way to the High Court, potentially dragging the process out for
years.
It is understood WA Police have had their first
application ready to go for some time, but it was put on hold while the
legislation was being reviewed.
NSW has a different model from
Queensland. It prevents two or more gang members from associating if one
has a significant criminal record.
Associating includes
face-to-face meetings, phone calls or other forms of communication such
as email or through social media. Breaching the laws carries up to three
years jail.
Mr Mischin said the NSW laws had also
survived a High Court challenge, which meant they could be rolled out in
WA without fear of further delays.
It is understood some of the
harsher aspects of WA's existing laws would also be retained, such as
mandatory minimum sentences for certain types of offences and control
orders which restrict where individuals can live, travel and work.
https://au.news.yahoo.com/thewest/wa/a/29581657/legal-screws-turn-on-bikies/
