Outlaw motorcycle gangs in australia received

These are referred to as outlaw motorcycle gangs. They maintain websites, identify themselves through patches and tattoos, written constitutions and by laws, trademark club names and logos and hold publicity campaigns. They are characterised by a hierarchy, divided into different regions, each with an autonomy also referred to as a chapter.

Outlaw motorcycle gangs in australia received

The Premier cited the following as highlights of the Act: Under the Act, the Attorney-General may declare an organisation an outlaw organisation if satisfied that members of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity and the organisation represents a risk to public safety and order s 10 1.

In considering whether to make a declaration, the Attorney-General may have regard to any of the following: The Attorney-General is not required to provide any grounds or reasons for a declaration or decision, nor is criminal intelligence information provided by the Commissioner of Police to be disclosed s Under s 14 1the court must, on application by the Commissioner, make a control order against a person if the court is satisfied that the person is a member of a declared organisation.

The status of laws on outlaw motorcycle gangs in Australia | Australian Institute of Criminology

In addition, the court may make such an order if satisfied that: If a control order is made and the defendant is a member of a declared organisation, the order must prohibit the person from associating with other persons who are members of declared organisations, or prohibit a dangerous article or weapon s 14 5 b.

The offence of criminal association also attracts a penalty of five years s A person is guilty of such an offence if they associate, on not less than six occasions during a period of 12 months, with a person who is a member of a declared organisation or the subject of a control order, or by email or other electronic means.

Associating includes communication by letter, telephone or facsimile s 35 11 a. Certain forms of association are excluded, for example, between close family members or associations occurring in the course of lawful occupation or training s 35 6.

Under Part 4 of the Act, a senior police officer has the power to make a public safety order, whereby a person may be prohibited from being at specified premises or attending a specified event.

Section 37 provides for an annual review by a retired judicial officer. The report for the —09 financial year was tabled in Parliament in October Section 38 provides for a review by the Attorney-General after four years, while s 39 provides that the Act is to expire after five years, in September On 14 Maythe Attorney-General made a declaration pursuant to s 10 1 of the Act in respect of the Finks Motorcycle Club and his detailed reasons for making that declaration were subsequently made publicly available see Atkinson c.

In making the declaration, Mr Atkinson determined that: The Finks are an organisation whose members associate for the purpose of organising, planning, facilitating, supporting and engaging in serious criminal activity. It should also be noted that South Australia Police has developed a Serious Organised Crime Strategy, to run from toincluding the following key principles: On 25 MarchSouth Australia proposed strengthening the provisions of the Act.

These eight orders were stayed and a magistrate hearing an application in respect of a further two Finks members refused to impose the orders, pending the outcome of a Supreme Court challenge to the validity of the legislation Fewster a.

Outlaw motorcycle gangs in australia received

When granting the first control order under the legislation, the Chief Magistrate issued a memo that media not be allowed to inspect the criminal records of alleged offenders Dowdell a. In Julyit was reported that some magistrates were refusing to issue further control orders, pending the results of a Supreme Court challenge to the validity of the legislation Fewster b.

A majority of the Court declared s 14 1which provides that the Court must make a control order against a person if the court is satisfied that the person is a member of a declared organisation, to be invalid. They found that it was not necessary to decide whether s 10 1which provides that the Attorney-General may make a declaration, is a valid law; nor was it necessary to decide whether a declaration by the Attorney-General affecting the Finks club was void and of no effect.

The Court also ordered costs against the Rann Government Lower b. In Februarythe High Court granted special leave to the SA Government to appeal against the decision, with the appeal expected to be heard in the middle of Atkinson In Decemberit was reported that the Police Commissioner, Mal Hyde, had applied to the Attorney-General to have another motorcycle group, the Rebels, identified as a declared organisation under the Act.

The issue was to be open for public submission until February Robertson The legislation has not yet come into effect and will expire after 10 years.

The provisions make it an offence to participate in a criminal group, defined as three or more people who have as their objectives either to obtain material benefits from serious indictable offences or to commit serious violent offences. In MarchAnthony Zervas was bludgeoned to death in a brawl at Sydney airport between members of the Comanchero and Hells Angels motorcycle clubs.

The legislation is based substantially on the SA legislation and provides power for seeking to declare OMCGs as criminal organisations. The government has received advice from the Solicitor General indicating that any High Court challenge to the legislation would not be likely to be successful.

Under the Act, the Commissioner of Police may seek a declaration that a bikie gang is a declared criminal organisation s 6. The test for making an order, under s 9 1is the same as in South Australia, but the order is to be made by a judge, rather than by the Attorney General.

The factors to be taken into account under s 9 2 are essentially the same as the South Australian legislation, but pertain in subsections b and c only to current or former members, not persons who associate, or have associated, with members of the organisation.

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The judge is not required to provide reasons for making a declaration and the rules of evidence do not apply to the hearing of an application for a declaration s The applicable standard of proof is on the balance of probabilities s It is also worth noting that the declaration can be made in the absence of any of the affected members s 9 3.

Once the organisation is declared, the commissioner may then seek control orders from the Supreme Court in respect of one of more persons on the basis that they are members of a declared criminal organisation and there are sufficient grounds for making the order Part 3.

If an order is made, the controlled member is prohibited from associating with another controlled member of the organisation. Unlike the SA model, which requires a pattern of association, a single instance will constitute an offence.Outlaw motorcycle gangs are featured prominently in political and public discussions referring to organised crime.

Outlaw motorcycle gangs are more publicly visible and identifiable than many other groups involved in organised crime.

Outlaw motorcycle gangs in australia received

An outlaw motorcycle club is a motorcycle subculture that has its roots in the immediate post-World War II era of American society.

It is generally centered on the use of cruiser motorcycles, particularly Harley-Davidsons and choppers, and a set of ideals that celebrate freedom, nonconformity to mainstream culture and loyalty to the biker group.

Following this incident on the 2 April , NSW Premier Rees introduced the Crimes (Criminal Organisations Control) Bill It commenced on assent on 3 April This act provides the power to declare outlaw motorcycle gangs as criminal organisations.

OUTLAW MOTORCYCLE GANGS USA OVERVIEW This report is designed to give a brief overview of the organized crime activities of outlaw motorcycle gangs in. The status of laws on outlaw motorcycle gangs in Australia: First edition 12/06/ ; The status of laws on outlaw motorcycle gangs in Australia: Second edition 12/03/; Second edition 12 March This paper sets out the laws in Australia governing organised crime and, in particular, outlaw motorcycle gangs (OMCGs).

Outlaw Motorcycle Gangs (OMCG’s) inhabit an active presence in all states and territories in Australia. Some members of these gangs are responsible for serious organised crime and yet the total gang and membership numbers of Australian OMCGs is rising.

List of outlaw motorcycle clubs - Wikipedia