QPL Post: Regulation of Bikie Gangs

In August 2009, when the Queensland Parliamentary Library published a Research Brief entitled Regulating Bikie Gangs (RBR No 2009/18), a number of Australian jurisdictions, including Queensland, were responding to a perceived increase in motorcycle club (‘bikie gang’) related violence through targeted policing operations and/or legislation. A similar situation has again arisen and many of the issues discussed in the Brief remain relevant.

Recent months have seen an escalation of bikie gang related violence, particularly in New South Wales and Queensland. An incident which has gained significant media coverage, community unease and strong police and Government reaction was the shooting at Robina Shopping Town on the Gold Coast in late April 2012, resulting in the wounding of a bikie gang member and an innocent 53 year old female shopper.

The Research Brief discussed bikie gang ‘culture’, the then current rival gang wars and apparent involvement of gang members in serious and organised criminal activities. It then considered legislation in other jurisdictions, particularly laws in South Australia and New South Wales enacted to effectively restrict bikie gangs’ activities in those states.

Since the publication of the Research Brief, the Criminal Organisation Act 2009 (Qld) passed through the Queensland Parliament and commenced on 15 April 2010. The legislation aims to disrupt and restrict serious criminal activity, focussing on criminal organisations and their members and associates.

Under the Act, the Police Commissioner can apply to the Supreme Court for a declaration that an identified organisation is a criminal organisation. The court can make such a declaration if satisfied that members of the organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity; and the organisation is an unacceptable risk to public safety. The consequence of the declaration is that the court can then, on the application of the Police Commissioner and if satisfied about specified matters, make a control order for a person. The control order may impose specified restrictions on the person such as preventing the person from associating with other members; or obtaining a weapons licence. A breach of the control order attracts up to 3 years imprisonment (up to 5 years for further contraventions). The court can also make public safety orders and fortification removal orders. The Queensland legislation was drafted in terms seeking to ensure that the constitutional issues raised by legislation in New South Wales and South Australia, such as preservation of the integrity of the court and rights of individuals, would not undermine its validity.

The South Australian Serious and Organised Crime (Control) Act 2008 was challenged on a constitutional law basis in the High Court (South Australia v Totani) which resulted in the striking down of a part of the Act. The relevant provisions of the Serious and Organised Crime (Control) Act 2008 have recently been amended, attempting to overcome the identified problems. The New South Wales legislation was challenged, again on constitutional law grounds, and was invalidated by the High Court in 2011 (Wainohu v New South Wales). The NSW Parliament recently enacted a new Crimes (Criminal Organisation Control) Act 2012 (NSW) seeking to remove constitutional impediments found in the previous legislation.

The recent spate of bikie gang related attacks has prompted the new Queensland LNP Government to consider all available mechanisms to combat the escalating violence, including the possible use of the Criminal Organisation Act 2009 (Qld) to enable the Police Commissioner to apply to the Supreme Court for declarations and orders against those responsible. Despite having concerns about the previous Government’s laws, the Premier said they may be used as a ‘stop-gap’ until other measures could be introduced into Parliament. Proposed new laws include tougher penalties for illegal posession, traffic and supply of firearms and ‘unexplained wealth’ legislation.

Key Documents

Research Brief

Queensland Parliamentary Library, Regulating Bikie Gangs (RBR No 2009/18), August 2009

Newsclips and Media Statements

Hon Campbell Newman MP, Premier, ‘New Minimum Penalties for Gun Crime’, Queensland Media Statements, 30 April 2012

‘Police blitz on bikie gang crime after double shooting at Robina Town Centre’, Courier Mail, 29 April 2012

‘Outlaw colours will stay legal for now’, Brisbane Times, 29 April 2012

‘States tackle bikie gangs’, Lateline – ABC, 30 April 2012

‘Editorial: Violence needs response’, Courier Mail, 4 May 2012

Queensland Legislation and Selected Australian Jurisdictions

Criminal Organisation Act 2009 (Qld)

Serious and Organised Crime (Control) Act 2008 (SA)