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SA Government removes 17 interstate gangs from
controversial bikies bill
By political reporter Angelique Donnellan
Updated about an hour ago
RELATED STORY: Anti-bikie legislation amended before it reaches SA
ParliamentRELATED STORY: Proposed anti-bikie laws similar to anti-terrorism
measures, SA attorney-general says
MAP: SA
The South Australian Government and Opposition have reached a compromise to
abandon plans to declare 17 interstate gangs as criminal organisations in its
controversial bikies bill.
The interstate groups, originally listed in the laws to prevent them moving into
the state, have been removed from a list of 27.
Gangs deleted from the bill include the Iron Horsemen, Fourth Reich, Outcasts,
Coffin Cheaters and Muslim Brotherhood.
Attorney-General John Rau said the changes were a compromise in order to win
Opposition support and give the bill its best chance of passing through
Parliament.
Let's remember the names that have been removed aren't here, so those names do
not presently represent any danger at all to the South Australian community.
"I've attempted to find an intermediate course
where we get for the people of South Australia what the Police Commissioner
absolutely requires, which is currently resident groups," Mr Rau said.
"We leave consideration of other groups, who quite frankly are not here yet, for
the point in time if and when they turn up."
He said the Government was putting an alternative on the table for the
Opposition to consider which would give "at least 95 per cent of what the police
regard as important up".
"Let's remember the names that have been removed aren't here, so those names do
not presently represent any danger at all to the South Australian community," Mr
Rau said.
"They are a potential risk in the future, but the bill can already deal with new
entrants into the system by way of regulation."
Mr Rau previously argued the 17 interstate gangs needed to be declared criminal
organisations to prevent them moving into South Australia.
The spelling in the bill of the Comancheros and Gypsy Jokers has also been
altered, with the S deleted from the end of both names.
It is not the first time the Government has had to change its bikies bill.
Last month two locations specified in the legislation were removed because
bikies no longer met there.
Under the proposed laws, it would be illegal for bikie groups to recruit members
or for members to be out in public with two or more others from their group.
They would be banned from entering licensed premises wearing club colours or
logos and precluded from meeting at the listed locations.
Ten gangs in South Australia would be declared criminal organisations.
Process offends long-standing principles of law: MP
Liberals have confirmed they will support the amended piece of legislation to
get the bill through Parliament by tomorrow.
Opposition Leader Steven Marshall said the party was not divided over the laws
despite Upper House Liberal MP Andrew McLachlan revealing he plans to cross the
floor on the issue.
"In the first instance the Government wanted to rush this through in a couple of
days. By putting it through improved scrutiny we've come up with a better piece
of legislation and we're going to be supporting it this evening," Mr Marshall
said.
We are being asked to suspend our skills and experience as legislators and ban
organisations based on the untested assertions contained in a secret police file
and reviewed by one member of this Parliament.
Liberal MP Andrew McLachlan
Earlier on Wednesday, Mr McLachlan said he believed the bill would "take away
the role of the courts in the assessment of what organisations are criminal and
which are not".
"I'm a longstanding lawyer and a member of the Law Society and I don't believe
that the separation of powers should be breached and the Parliament should act
like a court," he said.
Mr McLachlan said the bill lacked transparency which was unacceptable.
"What we do not accept is that the Attorney-General should alone, in a process
which lacks transparency and which is unable to be reviewed by a judge, decide
that certain organisations should be declared illegal and then seek Parliament's
agreement to his decision by passing this legislation, without the benefit of
the same information," Mr McLachlan said.
"We are being asked to suspend our skills and experience as legislators and ban
organisations based on the untested assertions contained in a secret police file
and reviewed by one member of this Parliament.
"This is unacceptable. This should be unacceptable to every member of this
chamber who takes seriously their oath of office.
"The process that is set out in this bill offends long-standing principles of
law that protect the rights of the individual against arbitrary acts of the
government.
"Despite the protestations of the Attorney-General, the Government has not made
a convincing case for the introduction of this legislation or its impact on
criminal motorcycle clubs.
"If history is to be any guide, this bill will only have a limited impact if
enacted, but at the cost of irreparable damage to the democratic fabric of our
community. I look forward to continuing to debate this bill at the committee
stage."
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