Victorian police are seeking legal advice on whether they can mirror Queensland’s controversial new laws that declare outlaw motorcycle gangs criminal organisations.
Labelled by Queensland Premier Campbell Newman as “the toughest laws in the nation”, the new anti-association laws make it illegal for criminal motorcycle gang members to fraternise together, wear their colours in certain areas, own or work in tattoo parlours, or visit one of 40 “proscribed” addresses.
The legislation names 26 “criminal organisations” including the Bandidos, Finks and Mongols. It restricts their members’ and associates’ movements and meetings, and increases minimum sentences for their crimes.
On Monday night, Senior Constable Adam West of Victoria Police confirmed senior officers were seeking advice on whether they could follow Queensland’s example.
Despite the introduction of a new anti-bikies law introduced in March, Victoria Police has not used it to try to have any bikie gangs outlawed.
The Criminal Organisations Control Act, which allows the Chief Commissioner to apply to the Supreme Court to make a group a “declared organisation”, enables courts to make this order if it is satisfied the group has or is currently organising, facilitating or supporting criminal activity
But the Queensland laws go even further, and remove the onus on police to prove before a court that an outlaw motorcycle gang is a criminal organisation beyond reasonable doubt, as is the case in Victoria.
Queensland’s laws set down a mandatory 15-year prison sentence for any offender found by a jury to have links to a criminal motorcycle gang, with an additional 10 years added if they hold a senior position within the club.
