NSW eager to use new anti-bikie laws
As usual though the police have it all wrong , these anti consorting laws don't allow them to ban clubs, but to prosecute know criminals consorting with each other. Given I think from recent data showing 65% of all club members have no criminal record they'd be pushing the proverbial uphill to try and ban clubs with legislation that has nothing to do with MC's as such...
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The NSW police force has admitted it is already preparing a test case to have a bikie gang banned, a day after legislation allowing such moves was passed by the state parliament.
The new anti-bikie laws revive and revise laws which were originally struck down by the High Court a few years ago.
The former Labor state government introduced them in 2009 after a bikie associate was killed at Sydney Airport when a brawl broke out between two rival groups.
New South Wales Police Minister Mike Gallacher says the new laws will be used soon, but is giving no further details away.
"I don't intend to run commentary for those bikies when they can expect the hammer to fall," he said.
"The work has continued to be done by police and it'll be a matter for police, who then take that matter forward to the courts now that the legislation has passed the Legislative Council."
NSW Police Commissioner Andrew Scipione says the police force is also raring to go.
"I'd like to see it tomorrow but let's just let these investigators get on with it and do what they have to do," he said.
"We'll be continuing to build up, and as we move towards a declaration we'll be looking to do that as quickly as we can."
The NSW laws are similar to Queensland anti-bikie rules, which earlier in the month survived a High Court challenge by the Finks bikie gang.
The NSW Government wanted to wait and see what happened in Queensland before it proceeded.
It is also the third attempt by the state Coalition Government to get the new powers.
Legal challenge
The Government hopes the new laws will be strong enough to stand up to any legal challenge.
And it may not have to wait long.
Barrister Wayne Baffsky, who is the honorary counsel for the United Motorcycle Council of NSW - which represents the majority of outlaw motorcycle clubs - is responsible for the successful challenge against the previous anti-bikie laws in NSW.
"There's every chance that this legislation will be taken to the High Court or to the Supreme Court once the police go after whom ever they go after," he said.
"One of the problems with these laws - and particularly the way they're being spoken about - is the premise that all members of outlaw motorcycle clubs are criminals, and all outlaw motorcycle clubs are criminal organisations.
"Now that is just false.
"It may be true that some of the members might be involved in organised crimes - I really don't know to what extent that is correct - but I would accept as a matter of common sense that maybe some of these members are involved in organised crime.
"I would not accept that all members and all clubs are."
Civil liberty groups are also concerned, saying the laws could be used to target clubs which are not even related to motorcycle groups.
Cameron Murphy, the president of the NSW Council for Civil Liberties, says "everybody in New South Wales ought to be seriously concerned'.
"It puts far too much power in the hands of police and it really doesn't address any of the underlying problems," he said.
"Everyone in the community wants something done about the random, violent, and dangerous shootings we see in western Sydney, but this government is incapable of providing police with the direction to deal with that."