Outlaw Bikie Legislation in Queensland Headed for High Court

Wednesday 4 December 2013 @ 11.59 a.m. | Crime

Today's press is reporting that Queensland Bikie clubs are preparing to launch a High Court challenge over what has become known as the "Queensland Government's anti-gang laws" or as the legislation is officially titled the Vicious Lawless Association Disestablishment Act 2013 (Qld).

It is reported that "cashed-up" bikie clubs are taking action in the High Court to challenge to the Newman Government's laws because they say they have "no other option but to fight back". Reportedly the clubs are assembling a "$500,000 war chest" for the showdown, which it is reported could be launched as early as this side of Christmas. The clubs are reported to have employed barrister Wayne Baffsky who represented the NSW Hells Angels in similar matters to prosecute their case and are soon to appoint a Brisbane law firm to take part in the challenge by the United Motorcycle Council representing a reported 14 Queensland motorcycle gangs. The response from the Queensland Government through the Attorney-General Jarrod Bleijie is reported to be that: ". . .[We] are ready to fight back".

In the light of the evolving conflict some thought of an action versus reaction nature might be warranted.

Some bikie gang background

In Australia Outlaw Motorcycle Gangs (OMGs) were very much a working class production derived from "core groups of Caucasian men" seeking to copy established overseas OMGs in the USA. With strict rules and "a militaristic hierarchy that levied harsh and sometimes violent retribution for disobedience" the earliest groups arrived on the scene after World War II.

In recent years the strict rules have been relaxed to promote the growth of OMG membership and, combined with an increasingly multi-cultural society and "a desire to broaden spheres of influence", traditional membership of OMGs has changed with some gangs not having a constitution and others including members who do not even ride motorcycles.

Are the "Vicious Lawless Associations" worthy of the legal attention?

Recently reported data from the Australian Crime Commission (the ACC) indicates there are more than 40 outlaw motorcycle gangs operating in Australia. The data refers to 6000 "patched" members approximately. Members who see themselves as "one percenters" or as people who operate outside the law, rather than the 99 percent who operate within the law. Even so crime authorities like the Queensland Government it is said "remain adamant it is the criminal activities of Outlaw Motor Cycle Gangs " that enables a distinction from recreational motorcycle riding clubs "made up of people who get together solely to ride their motorcycles and socialise".

The ACC reports that OMG activities are mostly at the domestic level but that there is "an increasing prevalence of international connections" and that:

"OMG members play a prominent role in Australia's domestic production of amphetamine-type stimulants, they are also involved in other illicit drug markets, vehicle rebirthing and firearms trafficking".

The ACC estimates that over all serious and organised crime costs Australia $15 billion every year. A cost which comprises loss of business and taxation revenues, expenditure on law enforcement and social impacts of crime.

Even if the involvement of OMGs in total organised crime is not great in terms of number of members actually involved it can still be said to be significant. The question of whether severe laws like the ones in Queensland will effectively reduce its significance remains open and for the moment also subject to legal challenge.

TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.

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