Reforms Proposed for WA Bikie Laws in Line with QLD
Tuesday 17 February 2015 @ 12.21 p.m. | Crime
After the High Court rejected the validity of the plaintiff's standing in Kuczborski v State of Queensland [2014] HCA 46, Western Australia (WA) has indicated that it will review its current anti-bikie legislation in line with Queensland's current laws.
Background to WA Legislation and Changes
The Criminal Organisations Control Act 2012 (No. 49 of 2012) was assented on 29 November 2012, however, the laws are yet to be used almost 18 months after they were introduced.
In WA, police must apply to the Supreme Court for a hearing where a judge determines if there is sufficient evidence for a gang to be declared a criminal organisation. If successful, police must then go back to court to apply for so-called "control orders" against individual members to restrict whom they can associate with.
It is understood WA Police were close to lodging their first application, but that is now likely to be put on hold while the State Government decides whether it will change the law.
WA Attorney-General Michael Mischin has confirmed he is reviewing Queensland's controversial bikie laws - regarded as the toughest in the country - to see whether any "worthwhile amendments" could be made to WA's legislation.
The Queensland legislation includes mandatory jail terms of between 15 and 25 years for bikies who commit serious crimes such as assaults or rapes. The heavy sentences are on top of any normal penalty that would have been imposed by the courts and can only be reduced if gang members agree to inform on their colleagues.
South Australia has also been reviewing the Queensland legislation and is considering modifying its laws to give its Parliament, rather than the courts, the power to ban gangs.
Anti-Bikie Laws Currently in Force in Australia
New South Wales
The key piece of legislation is:
- Criminal Organisations Legislation Amendment Act 2009 (NSW) (No. 23 of 2009) (Assented 19 May 2009 and commenced by later proclamations).
Northern Territory
The key piece of legislation is:
- Serious Crime Control Act 2009 (NT) (No. 32 of 2009) (Assented 11 November 2009 and commenced 1 December 2011).
Queensland
The key pieces of legislation are:
- Vicious Lawless Association Disestablishment Act 2013 (QLD) (Assented and commenced on 17 October 2013);
- Criminal Law (Criminal Organisations Disruption) and Other Legislation Amendment Act 2013 (Qld) (Assented on 27 November 2013 and commenced by later proclamations); and
- Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 (QLD) (Assented and commenced on 17 October 2013).
South Australia
The key pieces of legislation are:
- Serious and Organised Crime (Control) Act 2008 (SA) (No. 13 of 2008) (Assented 15 May 2008 and commenced 4 September 2008);
- Serious and Organised Crime (Control) (Declared Organisations) Amendment Act 2013 (SA) (No. 32 of 2013) (Assented 1 August 2013 and commenced 11 August 2013);
- Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012 (SA) (No. 13 of 2012) (Assented 10 May 2012 and commenced 14 June 2012); and
- Serious and Organised Crime (Unexplained Wealth) Act 2009 (SA) (No. 60 of 2009) (Assented 26 November 2009 and commenced 29 August 2010).
Victoria
The key pieces of legislation are:
- Criminal Organisations Control Act 2012 (VIC) (No. 80 of 2012) (Assented 18 December 2012 and commenced 13 March 2013); and
- Criminal Organisations Control and Other Acts Amendment Act 2014 (VIC) (No. 55 of 2014) (Assented 26 August 2014 and commenced by later proclamations).
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.
Sources:
Legislation from Victoria, Western Australia, South Australia, New South Wales and Queensland as reproduced in TimeBase LawOne
