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In a move welcomed by Nazi's everywhere:  :-/

SA to keep the bikie legislation Queensland is scrapping

Amy Remeikis
It borrowed heavily from the Newman Government bikie laws the Palaszczuk Government says is at "significant risk" of failing a High Court challenge, but South Australia's government says it has "no intention" of reviewing the anti-association legislation they based on Queensland's law because it's working.

South Australia's parliament passed its own anti-bikie legislation in July 2015, with Jay Wetherill's Labor Government looking to the then LNP-government's laws as inspiration after it survived a partial challenge in the High Court.


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On Monday, following a review by a taskforce led by retired Justice Alan Wilson, the Palaszczuk Government announced it would repeal the bulk of the Newman Government legislation, following concerns it would not stand up to further challenges.

But South Australia's Attorney-General John Rau didn't share those concerns.

"South Australia introduced anti-associations laws to protect the rights of law abiding citizens over the individual rights of members of declared criminal organisations," he said.

"Since they have come into effect in South Australia, police advise that there has been a dramatic decrease in both the visibility and the number of incidents involving members of organised criminal groups.

"In other words: our community is a safer place thanks to these laws."

Mr Rau said he received regular updates from South Australian Police about the operation of the laws and said there was "no intention to review the legislation".

South Australia has "no intention" of reviewing the bikie  laws Queensland is scrapping

outh Australia has "no intention" of reviewing the bikie laws Queensland is scrapping  Photo: Paul Harris

The Palaszczuk Government plans on repealing the VLAD act, a sentencing tool, which set out mandatory and additional sentences to those found to be members of declared criminal organisation.

Also set to go are the anti-association aspects of the laws, which ban members of those same declared organisations and their associates from gathering in groups of three or more, regardless of convictions, charges or whether they were wearing their colours, to be replaced with New South Wales anti-consorting laws, which require at least two of the group to have convictions for organised crime charges in the last decade.

Queensland will also scrap declaring criminal organisations, and instead focus on the individuals committing organised crime. Attorney-General Yvette D'Ath said the change would broaden the number of people able to be caught within the organised crime net.

But while South Australia will be holding on to its anti-association laws, as well as the power to declare criminal organisations, the Palaszczuk Government can point to the Victorian Labor Government as an ally.

Victoria also moved forward with anti-gang laws last year, but drew on laws from jurisdictions which had already survived High Court challenges, basing its legislation on the NSW anti-consorting laws Queensland is examining, after the law was declared to be valid in a 2014 challenge.

Victorian Attorney-General, Martin Pakula said the "Victorian legislation is not based on the Queensland laws and consequently we are confident our laws would withstand High Court challenge."

The Palaszczuk Government is yet to answer questions on how it will change the laws, with acting Premier Jackie Trad adding a caveat to each of her statements about stopping gang members from gathering.

"As the Premier has said and as the Attorney-General has said, we will get the implementation and the translations of the recommendations into laws, right," Ms Trad said on Wednesday.

"And we will work with the best legal minds that we have available to us to make sure that we can keep our commitments, that we can drive our commitments to make sure that clubhouses don't open and make sure that motorcycle gangs, outlaw motorcycle gangs, can't gather in their colours on the streets where families gather."

The Opposition has ramped up its attacks over the proposed changes, warning it will see outlaw motorcycle gang violence return to Queensland streets.

It has also called for Speaker Peter Wellington to excuse himself from any debates or votes on the issue, claiming his past actions in relation to Yandina 5 members and criticism of the original legislation "would lead ordinary Queenslanders to doubt your impartiality to sit as Speaker".

Any new legislation will not be introduced until at least August. The current laws remain in place.