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Sunday, April 17, 2011

Australia - Lawyers oppose Vic bikie law

OFF THE WIRE
smh.com.au
Laws designed to crack down on bikie gangs in Victoria could be abused to criminalise other groups the government dislikes, a legal group says.
Victorian Premier Ted Baillieu said on Thursday the coalition is working on legislation to outlaw criminal bikie gangs.
There have been reports of interstate gangs moving into Victoria after the introduction of tougher laws in NSW and South Australia.
The Law Institute of Victoria's (LIV) James Dowsley urged the government not to outlaw bikie gangs.
He said existing laws adequately deal with drug dealing, violence offences and planning to commit crimes.
"We oppose laws that make criminals out of a whole class of people," Mr Dowsley said on Thursday.
"The LIV is concerned that this could be extended to any group that the government does not approve of."
Mr Dowsley said the legislation could extend to associates of an outlawed group, such as family members or lawyers.
"Even an email or a phone call could make you an associate of a group and leave you liable to a prison sentence," he said.
But Attorney-General Robert Clark said the government was committed to introducing the laws, saying the legislation would put Victoria at the forefront of tough action against criminal bikie gangs.
"Recent suggestions by the LIV that these laws could impact on legitimate and lawful activities by clubs and their associates are mistaken," Mr Clark said in a statement.
Under the new laws, the Chief Commissioner of Police or Director of Public Prosecutions will be able to apply to have a bikie or other gang declared a criminal organisation.
The Supreme Court will have the power to outlaw a gang if its existence represents a serious threat to public safety and order.
To do so, the court must be satisfied beyond reasonable doubt that members meet to organise, support or engage in serious criminal activity, such as drug trafficking, extortion, intimidation or violence.
The court will also be able to restrict the involvement of certain members of a bikie gang if it is not satisfied the organisation as a whole should be outlawed.

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