Serious and Organised Crime Legislation Amendment Bill 2016 (QLD): New Anti-Bikie Laws Pass Parliament

On 29 November 2016, the Queensland Parliament passed the Serious and Organised Crime Legislation Amendment Bill 2016 [QLD] (the Bill). The Bill has been touted as the 'toughest crime laws in Australia' and aims to implement a new Organised Crime Regime in Queensland to tackle serious and organised crime in all its forms.

Background to the Bill

As discussed in our previous article, the Bill, according to the Explanatory Notes, draws on the recommendations of the three reviews commissioned by the Government into organised crime:

• the Queensland Organised Crime Commission of Inquiry (the Commission);
• the Taskforce on Organised Crime Legislation (the Taskforce); and
• the statutory review of the Criminal Organisation Act 2009 (the COA Review).

According to the Explanatory Speech, the Bill will make amendments including:

• In response to the increasing prevalence and seriousness of cold call investment or ‘boiler room’ fraud and evolving threats in financial crimes, particularly identity crime, that may not be adequately deterred by existing penalties;
• Three new offences in the Criminal Code that target administrators of websites connected with child exploitation material with penalties of 14 years imprisonment;
• Implementing the unanimous recommendation of the task force that the VLAD Act be repealed. The Taskforce considered that the criticisms of the VLAD Act by the High Court of Australia (Kuczborski v Queensland (2014) 89 ALJR 59) could not be overcome; and
• Replacing the VLAD Act and circumstances of aggravation introduced into the Criminal Code in 2013 with a new serious organised crime circumstance of aggravation. This new circumstance of aggravation will be placed in the Penalties and Sentences Act 1992 (QLD) and will apply to a specific, targeted list of offences. The court will also be required to make an organised crime control order for any convicted person under the new provisions. The control order will be a mandatory consequence of a conviction of the new serious organised crime circumstance of aggravation.

The Bill was passed on 29 November 2016 with amendments.

Reaction to the Passing of the Bill

Premier Annastacia Palaszczuk said the new laws would give Queensland the toughest organised crime laws in the country:

Attorney-General Yvette D'Ath said:

One of the new provisions introduced by the Labour Government during debate on the Bill included a blanket ban on the public display of outlaw motorcycle club colours, which prompted the Labor MP turned independent Rob Pyne to abstain from voting. According to the Guardian, this was not recommended by the Wilson review or an earlier commission of inquiry into organised crime.

According to the Guardian, the logos of clubs such as the Hells Angels, Bandidos and Rebels are recognised under copyright laws as registered trademarks, with clothing retailers such as Mambo having fallen afoul of past lawsuits. The law firm Irish Bentley is examining trademarks laws as grounds to challenge the colours ban.

The new laws have also stopped the use of secret police information or club membership alone as grounds to deny bikies tattoo licences.

A former national president of a bikie gang, speaking on condition of anonymity to the Guardian said:

It remains to be seen when the new Bill will be assented and what commencement details will apply.

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Serious and Organised Crime Legislation Amendment Bill 2016 [QLD] and Secondary materials as reproduced in TimeBase LawOne

ABC News Article

Guardian Australia Article