OFF THE WIRE
Criminals who text each other could be "consorting" and committing an
offence under the Palaszczuk Government's reforms to organised crime
laws.
A public briefing was held on Monday afternoon as the Legal
Affairs and Community Safety Committee considers the Serious and
Organised Crime Legislation Amendment Bill 2016.
Queensland
Police Commissioner Ian Stewart said the new legislation meant officers
did not have to head to pubs and racecourses to enforce the consorting
law.
"So if A is meeting with B and C because they're texting them, that's a meeting," Mr Stewart said.
"As long as it fits within the legislation, that can form the trigger to perform the first warning."
The
anti-association laws under which Queensland presently operates ban
designated gang members and their associates from gathering in groups of
three or more, regardless of whether they are facing charges, have
convictions, or are wearing their gang insignia or colours.
Under
the proposed bill it would be an offence to habitually consort with at
least two recognised offenders, whether together or separately, and with
at least one occasion happening after receiving an official warning.
Habitually consorting would include meeting with a recognised offender at least twice, but would not apply to a child.
Mr
Stewart said if person A met person B and C - and if B and C had
criminal records relevant to the legislation - an officer could
officially warn the group.
"So if A again meets with B and C, that's when the actual offence can occur," he said.
"A
does not need to have any criminal history. He simply consorts with two
people who do have the appropriate levels of criminal history."
There
could also be "pre-emptive" consorting warnings. And Carolyn McAnally,
from the Department of Justice and Attorney-General, said there could be
retrospective consorting warnings, based on police viewing CCTV.
LNP member for Coomera Michael Crandon questioned whether person A could meet with B and C, and then B and D and E.
"He
could keep on meeting all day every day with B but as long as one of
the others - C, D, E or F... doesn't come for a second occasion, there's
no offences?"
Ms McAnally said: "A can meet with B, A can meet
with C, D and E. A is required to meet one further time with B, C or D,
but not with them all together."
Mr Stewart described the amendments as taking inspiration from some of the best legislation around Australia.
"I
think it provides the appropriate balance that will protect the
community from organised criminals (and) it will help protect our
officers in their work," he said.
The reforms would ban
Queensland bikies from wearing their club colours anywhere in public,
not just in pubs and clubs, as under the existing Vicious Lawless
Association Disestablishment (VLAD) Act introduced by the former Newman
government.
LNP member for Currumbin questioned whether innocent motorbike riders could be pulled over under the new laws.
But
Mr Stewart said there had not been any complaints in the past two years
from innocent bike riders, and commended the professional conduct of
police officers.
"I would take you back a couple of years when that was a concern of many of the recreational motorcyclists," he said.
"I have not seen one complaint in the last two years, an official complaint.
"It was a perception, it was a myth."
http://www.brisbanetimes.com.au/queensland/criminals-could-face-charges-for-texting-under-proposed-laws-20160926-groyby
