Queensland’s new biker gang laws.
The Newman government is using a sledgehammer to crack a nut, when ordinary good policing under present laws would have done the job. This assault on individual rights is indefensible. The article below is taken from The Australian online. (subscription required)
Roadblock on path to hard-won rights
• David Jancik
• The Australian
• October 17, 2013 12:00AM
ACCORDING to those who argue for increasing anti-bikie laws, particularly police, eroding fundamental individual rights is fine if you’ve got nothing to hide.
The Queensland police and government have adopted exactly that argument in defending the harsh consequences of laws against unsuspecting motorbike enthusiasts who have never gone near a bikie.
Queensland’s Police Commissioner, Ian Stewart, put it simply when he stated: “We make no excuses and I’m sorry for any inconvenience to the general public but if they’ve done nothing wrong they’ve got nothing to fear from our people.”
The raft of new laws targeting bikies across Australia represents an unacceptable assault on individual rights. The big states have introduced laws that together represent a nationwide attack on the rights of law-abiding bikies.
Under existing state laws in Western Australia, Queensland, NSW and Victoria, bikies are the direct targets of government attacks on their fundamental rights to property, freedom of association, privacy and free speech.
Proposed amendments look set to further erode the rights of anyone associated with a bikie, let alone individuals who own a bike.
Queensland is set to make it illegal for bikies to ride in groups larger than three; Victoria has banned fortified walls at club-houses; WA allows for property seizure; and NSW is soon to follow suit.
It is easy for politicians and police to target these individuals because of this perception of all bikies as automatically criminal, gang-affiliated or interested only in organised crime.
But what’s absolutely crucial is the protection of these key rights for every member of society, no matter what group you associate with or the hobbies in which you choose to indulge.
Queensland Attorney-General Jarrod Bleijie admits “there will be some disruption to law-abiding motorbike riders”.
But the Queensland laws will be more than a mere disruption. Innocent bike riders will have their right to freedom of association eroded through penalties for simply riding next to two other bike enthusiasts. The laws would also restrict freedom of speech and individual privacy, with police able to stop, search and photograph anyone in club colours.
It has never been acceptable to monitor and record someone because of what colour they are wearing. Apparently it’s now justifiable because it’s targeted at those pesky bikers. Don’t worry about freedom of association, individual privacy or freedom of speech because individuals who like motorbikes don’t deserve these rights.
In WA, the Supreme Court has the power to seize property, including cash from bank accounts, if the asset has had “criminal use”. These property confiscation laws were used in a 2011 case against biker Gary White, leading to WA’s Director of Public Prosecutions seizing $135,000 from White’s bank account.
Substitution laws allow authorities to seize any of an offender’s property as substitution for other property used as part of the crime, but owned by someone other than the offender.
White’s $135,000 was unrelated to the crime, but due to this substitution law its seizure was upheld by the High Court as valid. The law provides for an extremely broad interpretation of criminal use of property subject to seizure, allowing the state to seize the private property of individuals who have been involved in the commission of an offence.
Such laws have no regard for the basic human right to own and use property without interference.
Victorian anti-fortification laws came into force last week, significantly eroding centuries-old property rights. The laws ban any fortified walls or barricades, allowing police to obtain court orders to destroy any fences or walls at bikie club rooms. These walls are often there to protect the hundreds of thousands of dollars worth of valuable bikes within the club.
The laws also undermine the rights of private property owners. Victoria police state they will not publicly say when they make anti-fortification applications to the court, adding a veil of secrecy to the already authoritarian laws.
To escalate the attack even more, Queensland parliament will next week pass new laws granting its Crime and Misconduct Commission new powers compelling bikies to appear before its star chamber.
Under star chamber rules, individuals can be sentenced to mandatory jail terms for refusing to answer questions.
The forced appearances for bikies destroys these individuals’ right to silence and provides a clear example of government use of all possible avenues of power to target individual rights.
This range of targeted laws throughout Australian states demonstrates a concerted effort to erode the fundamental rights of anyone who enjoys riding a motorbike. If an individual breaks the law, they should be liable for it.
There is no suggestion bikies should be allowed to engage in criminal behaviour. Equally, however, every individual must have their rights to property, of association, to silence and privacy upheld and not be subject to laws attacking these basic human rights. The laws blatantly undermine the fundamental legal principle of “innocent before proven guilty” and represent an indiscriminate attack on law-abiding individuals purely due to association.
Given the current trend, the erosion of rights is on track to get even worse.
David Jancik is a legal researcher at the Institute of Public Affairs.
Someone has been watching too many Mad Max movies, I see
Indeed, most Bikers are just ordinary folks who love (for some strange reason) to roll down the highway at high speeds with little protection besides their helmets and leathers, so there is no absolutely no reason for the government to oppress them as a class.
Like the man said, the government has many, many laws dealing with the minority of barbarian bikers who thought the Mad Max movies were real and they own the highway.
Now if the various Aussie governments were really looking for a dangerous and violent class of people to watch, harass and imprison – I would submit that the Muslims be targeted, as 164 Jihad verses order them to kill, convert, or make slaves out of all non-Muslims.
Ronbo, you probably should read this linked article:
http://www.google.com.au/url?sa=t&rct=j&q=&esrc=s&frm=1&source=web&cd=1&cad=rja&ved=0CCkQFjAA&url=http%3A%2F%2Fwww.couriermail.com.au%2Fnews%2Fqueensland%2Fcriminal-bikie-gangs-boost-numbers-with-young-muslim-and-eastern-european-recruits%2Fstory-fnihsrf2-1226733840346&ei=4KlgUsjXIYSmlAXbo4DYAg&usg=AFQjCNFeUOBswR4xYdtSbrKqbzRSOByZdA
I understand you are from the U.S., so in case you don’t know this, the Gold Coast is a major tourist destination in the state of Queensland.
Having said that, though, I agree that the Queensland state government has gone way overboard with some of their new legislation. I am an ex-cop myself, although not from Queensland, but I don’t agree with the totally draconian nature of the new laws, such as the removal of the presumption of bail for ALL offences committed by bikies. We already have non-presumption of bail in Australia for offences such as murder and armed robbery, and police, the courts etc, have certain discretion regarding bail for other offences, all backed up by a robust bail review process, so no changes were needed other than minor rejigging of existing legislation. I’m all for coming down hard on the mongrels where appropriate, (and recent events in Queensland certainly show that coming down hard is warranted), but I am wary of making fundamental changes to existing concepts such as the presumption of innocence, the right to bail, etc.
I agree with what you’ve written, Phil. Absolutely.
Our various forms of government in Australia are somewhat “terrorist poor” so the best bogeymen they can whip out to scare us with are the dreaded Bikies.
Now, to keep us safe from the dreaded terrorists… err.. bikies, they have to take away all of our dangerous liberties that shield the criminals from prosecution.
Don’t worry, though. I’ve got an inside tip that Australian troops are going to be sent on a ten year mission to bring democracy to the Harley Davidson factory in the U.S. that currently supplies material support for such outlaw gangs as the Bandidos and the Hells Angels. Only then can we be safe…
When i drive around, i often see riders congregating at intersections and if they’re heading in the same direction. From what i can see they don’t know each other but do it because they share a common love of motor cycles, that and it’s easier for some numbskulls driving cars to see a group of them in the rear view than just one fellow.
I suppose this practice that makes individual riders safer on our roads will be outlawed, not officially, but you pull up a few of them, slap some fines and shit all over them and they’ll do it themselves. Outrageous if you ask me, but that’s the price for giving up our guns i suppose, they’ll come for everything else too.
Mind you these strict rules to execute 3 riders who dare to ride within a kilometre of each other in the town square won’t be applied to those 10 or 20 cyclists taking up a whole lane of traffic pissing everyone else off. The road is there to share and all that. *spit*