BN- State’s attorney general, Martin Pakula, says new law ‘essential’ to tackle motorcycle gangs and their role in distributing the drug ...
BN- State’s attorney general, Martin Pakula, says new law ‘essential’ to tackle motorcycle gangs and their role in distributing the drug ice
Victoria will introduce an offence of “unlawful association” between convicted criminals and other people as part of a government pursuit of outlaw motorcycle gangs.
Legislation to be presented to parliament this week will make it unlawful for convicted criminals to associate with someone to facilitate a crime, with the offence carrying a three-year prison term and $54,600 fine.
Victoria calls for national approach to outlawing bikie gangs
The “consorting” law will apply to interactions that occur three times over three months, or six times over 12 months. These interactions could apply to email, social media, telephone or face-to-face communication.
Victoria police, which requested the change, will be able to warn those associating with past criminals before acting against them.
Martin Pakula, Victoria’s attorney general, said the laws were “essential” to tackle motorcycle gangs and their role in distributing the drug ice.
“This is a step towards a more uniform national scheme, with Victoria’s laws in line with those in New South Wales and South Australia,” he said. “We don’t want there to be a gap where motorcycle gangs see Victoria as a safe haven.”
Pakula said the laws would target people conspiring to commit crimes and not “benign friendships”. Exemptions would be made so that husbands and wives of past offenders would not be arrested for communicating with their spouse.
Victoria’s new laws echo a move by South Australia earlier this month, which saw various bike gangs declared criminal organisations and banning them from wearing associated clothing, or colours, or gather in public.
The previous Queensland government introduced the most high-profile anti-association laws when in power. Motorcycle gangs were banned from gathering and offenders were forced to wear pink outfits in prison.
Hugh de Kretser, the executive director of the Human Rights Law Centre, said the laws risk breaching “fundamental human rights of freedom of movement of association”.
“Instead of criminalising who people spend time with, the government and police should be focused on investigating and prosecuting actual crimes,” he said.
“The overreach we saw under the previous Queensland government led to injustice and strong community opposition. The new Queensland government is sensibly moving to better target its anti-bikie laws to tackle organised crime without breaching basic rights. Victoria should moving in the same direction.
“These laws are part of a broader disturbing trend of new criminal and coercive laws steadily eroding basic rights.”
The shadow attorney-general, John Pesutto, said the Liberals did not oppose the laws but a lack of police resources would hamper their implementation.
“Tougher laws may be a good thing, but you can’t introduce tougher laws if you’re not going to invest in the police needed to enforce those laws and expect the intended outcome,” he said.
Victoria’s police association said it would wait to read the draft legislation before forming a position
on it.
