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SA Anti-bikies laws declared invalid

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  • SA Anti-bikies laws declared invalid

    SOUTH Australia's anti-bikie laws have been declared invalid by the Supreme Court, casting doubt on similar legislation elsewhere in the nation.
    SA was the first state or territory to introduce anti-bikie laws aimed at dismantling the outlaw motorcycle clubs.

    SA's legislation empowered police to ask magistrates to place control orders on bikie gang members, effectively banning them from associating with each other.

    Eight members of the Finks motorcycle club had control orders imposed on them, but two - Sandro Totani and Donald Hudson - challenged the orders in court, arguing they were unconstitutional.

    In a judgment delivered today, the Full Court of the SA Supreme Court declared the control orders, made under section 14 of the Serious and Organised Crime (Control) Act 2008, invalid.

    NSW has enacted similar laws while Queensland and Western Australia were set to follow suit.

  • #2
    Clicky
    Originally posted by Melkor
    The Saint is all over the answer like a Saint on a cupcake.

    Comment


    • #3
      A win for the people! wouldn't like to see the legal bill though hopefully the state go lumped with that one too. Now who wants to take on the owner ownous laws for speed cameras .
      Harvey community radio has a motorcycling show listen over the web here www.harveycommunityradio.com.au ,Facebook here http://www.facebook.com/pages/The-Mo...34691323302991 yes I am the goose that hosts it.

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      • #4
        just posted this in News flash. 2 mins later than El Skitzo.
        *beaten* (like a drunk guy touching up your girlfriend at a bar)
        Need a website designer? PM me for a quote.
        Here are some sites I've done recently - Velocity Race Team | Business Insurance | West Perth Insurance Broker | Labour Hire | Final Trim Operators

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        • #5
          Wow, there's some judges with common sense! Owner onus, and hoon laws should be the next targets, especially impounding before you are found guilty.
          Nulla Tenaci Invia Est Via
          For The Tenacious, No Road Is Impassable

          Comment


          • #6
            Great news. It will be interesting if WA's laws (which are slightly different) suffer the same fate....

            Comment


            • #7
              Good news
              National pride should not be a crime!.

              Comment


              • #8
                Democracy lets out one more little wheeze of hope.
                Insert witty comment here

                Comment


                • #9
                  I don't necessary think this is a huge win, or even a step forward...
                  "Anti Bikie" is a misleading name for these laws.
                  They're anti-organised crime.

                  I don't have a lot of respect for the 1%ers TBH.
                  c o o l s t o r y b r o

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                  • #10
                    WA to outlaw bikie gangs

                    September 25, 2009 - 2:15PM

                    Western Australia will press ahead with legislation to outlaw motorcycle gangs despite the South Australian Supreme Court effectively overturning that state's anti-bikie laws.
                    WAToday

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                    • #11
                      South Australian Supreme court has no pull in WA.
                      High Court of Australia is where judgements create nation-wide precedence.


                      I think. IANAL.
                      c o o l s t o r y b r o

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                      • #12
                        Precedent browncam.
                        Originally posted by Melkor
                        The Saint is all over the answer like a Saint on a cupcake.

                        Comment


                        • #13
                          Originally posted by browncow View Post
                          I don't necessary think this is a huge win, or even a step forward...
                          "Anti Bikie" is a misleading name for these laws.
                          They're anti-organised crime.

                          I don't have a lot of respect for the 1%ers TBH.
                          They weren't actually anti organised crime laws (those already exist) but anti association laws so if the police decided PSB was a illegal orgnisation (they can just declare it with a jude no legal process) you could go to jail for visiting your friends and family for up to six years. Far too much power in the hands of to few IMO.
                          Harvey community radio has a motorcycling show listen over the web here www.harveycommunityradio.com.au ,Facebook here http://www.facebook.com/pages/The-Mo...34691323302991 yes I am the goose that hosts it.

                          Comment


                          • #14
                            Good thing we're so disorganised then.
                            Originally posted by Melkor
                            The Saint is all over the answer like a Saint on a cupcake.

                            Comment


                            • #15
                              As Nero said, the real issue with these laws is that it allowed for the police to arbitrarily ban clubs and other groups purely based on theories and loose associations. For example if a member of the West Coast Eagles supporters club was 'suspected' of dealing drugs and using their connections within the club to organise sales etc, the police to ask for the club to be declared 'Outlaw' and despite 99.99% of members doing nothing wrong, they would be required to comply.

                              Scarier still is the chance that police could then legally phone tap ANY member of that club whether or not there existed any evidence of their collusion.

                              The legal process, though sometimes flawed, has always been based on the presumption of innocence, followed by the right to hear the charge against you, and to defend those charges. The 'Bikie' laws bypass that process and afford the police the role of judge, jury and executioner.

                              D'Art

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