BIKIE gang members
will no longer be barred from working in areas such
as electrical, security and plumbing industries just
because of their associations.
Under the Palaszczuk
Government’s proposed laws, bikies will also be able to
use “fear of retribution as a reasonable excuse for not
complying with orders under the (Crime and Corruption
Commission’s) powers of compulsion”.
The CCC would also no
longer be able to withhold evidence that is potentially
favourable to those charged with offences.
attached to the new laws also reveal Newman
Government-introduced minimum sentences for contempt of
the CCC will be repealed.
Currently, those who
refuse to give evidence or provide information to the
CCC under the watchdog’s coercive powers face fixed
sentences, with jail time from the first offence.
Those laws would be
replaced with an “escalating, tiered maximum penalty
controversial Newman Government laws prevented criminal
gang members from working in industries such as
electrical, towing, racing and security.
“Under the 2013 suite,
a person’s mere association with a criminal organisation
(or members of a criminal organisation) excluded the
person from holding a range of occupational licenses,
certificates and authorities, notwithstanding that the
person may not have been charged or convicted with any
offence themselves,” the new Bill’s explanatory notes
Labor’s proposed laws
would reverse that.
It would also make it
more difficult to keep bikies out of the tattoo
industry. The Taskforce that reviewed the Newman
Government laws recommended that the Tattoo Parlours Act
2013 be retained.
Those laws ensured all
applications for tattoo licenses were assessed by the
Police Commissioner who could reject them without
informing the applicant why an “adverse security
determination” had been made.
The Government will
keep and rename the Tattoo Parlours Act 2013, but will
“establish a more procedurally fair process” and exclude
“the use of confidential criminal intelligence in
However, it will
disqualify those with convictions to their name relating
to organised crime offences.
Government’s controversial VLAD Act will also be
New consorting offence
and public safety protection orders will have to be
reviewed by a retired judge after five years.
The Government has
previously announced other components of its laws,
including the introduction of anti-consorting laws, the
replacement of the VLAD laws with shorter mandatory
sentences attached to a new aggravating circumstance of
organised crime and the banning of gang colours in all
Yvette D’Ath said the VLAD laws were “excessive and
disproportionate, and riddled with serious prosecutorial
She also noted that
the Bill would provide for “transitional arrangements
for any individuals that have pleaded guilty and who
have been sentenced under the VLAD Act”.
Like the VLAD laws,
offenders will have to cooperate with police to avoid
the mandatory sentences under the new scheme.
Ms D’Ath said the new
laws would also repeal a section of the LNP laws that
restrict a “person’s right to apply for financial
assistance for legal representation at a crime hearing
under the immediate response function”.
Changes to the Bail
Act have also been proposed.
They would repeal
sections of the 2013 laws that mean a criminal
organisation participant, such as a bikie, has to show
cause as to why their staying in custody is not
The new laws would
also scrap a Newman government’s scheme that empowered
jails to segregate bikies from other prisoners and
restrict their privileges.
The Bill’s explanatory
notes also provide more detail about the Government’s
They will not apply to
people under 18 — a move possibly aimed at avoiding
issues experienced in NSW where young people were
seemingly being targeted under the laws.
Certain types of
interactions will also be excluded, such as running into
someone at the post office or spending time with close
And while the ban on
colours would be expanded to include all public spaces,
a number of amendments have also been proposed so that
staff or managers of licensed venues do not commit an
offence if they do not force a person wearing colours to
leave, provided they take “reasonable steps” to refuse
They are also spared
punishment if they “reasonably believed their safety
would have been endangered” if they had further
attempted to eject a patron in colours or if they did
not believe it was safe or practical to do so.
The penalties for
those who wear colours in licensed venues would,
however, be reduced.
But a defence has been
built into the laws for those who wear colours for a
“genuine artistic, educational, legal or law enforcement
Government also wants to strip police of their powers to
search and detain people they “reasonably” suspect of
being a member of a criminal gang.
The laws would also do
away with the aggravating circumstance of being a
participant in a criminal organisation when it comes to
failing to stop a vehicle when directed by police.
Katter’s Australian Party says it is yet to take a
position on the proposed laws, but insist it must be a
“We have not seen the
full detail of the proposed legislation, and at this
stage we are yet to come to a position on it,” KAP MP
Robbie Katter said.
“When the Newman laws
were introduced at a minute to midnight we were angry
and had deep concerns that this would do more harm than
good to rights of the individual in Queensland.”
Fellow KAP MP Shane
Knuth said the party had “some questions and perhaps
No bikie colours in
■Gang members cannot
associate in groups of three or more.
■ Mandatory sentences of
15 to 25 years for gang members and office bearers.
■Ban on clubhouses.
■ Crime and Corruption
Commission does not have to hand over evidence
potentially favourable to defendant.
■Mandatory minimum jail
sentences for contempt of the CCC.
■ Fear of retribution
cannot be used as an excuse for not complying with CCC
■Gang members cannot
obtain tattoo licences or work in industries such as
electrical, towing, plumbing and security.
No colours in any public
space, with possible jail time, but penalties for
wearing colours in licensed venues would be reduced.
■ Anti-consorting laws to
apply after warnings.
sentences attached to new serious organised crime
■ Clubhouses to stay
closed with new organised crime control order and public
safety orders to be introduced. This is fucked..
■Bikies would not be
barred from becoming electricians or plumbers but
organised crime offences would be taken into account.
■ Tattoo licence bans to
apply to those with organised crime convictions.
■A new fortification
removal order to stop criminals reinforcing doors or
setting up security measures.
■ Tougher maximum
penalties for drug traffickers and those dealing in
■A transitional period of
two years would be in place.