Qld Government's tough anti-bikie laws passed after marathon debate in Parliament

Updated

Queensland Attorney-General Jarrod Bleijie says tough new anti-gang laws passed in Parliament early this morning are just the first phase of a crackdown on outlaw bikies.

Brazen violence and intimidation on the Gold Coast prompted the Queensland Government to come down harshly on outlaw motorcycle gangs and their members.

New laws targeting bikie gangs passed with bipartisan support after a marathon session in State Parliament, with three separate bills adopted just before 3:00am (AEST).

The legislation names 26 "criminal organisations", including the Bandidos, Finks and Mongols.

It restricts their members' and associates movements and meetings, and increases minimum sentences for their crimes.

Newman vows bikies 'will be destroyed'

Premier Campbell Newman last night used his parliamentary majority to rush through the laws.

"They are very tough laws - the toughest in Australia," he said.

"The unequivocal purpose of these laws is to destroy these criminal organisations.

"I say this evening: take off your colours, get a real job, act like decent, law-abiding human beings, and become proper citizens in the state of Queensland and you won't have to go to jail.

"But if you continue to persist as members of criminal gangs, with criminal activities, creating fear and intimidation across Queensland, you will be destroyed and we make no apologies for that."

Police Minister Jack Dempsey says the laws should give assurance to law-abiding citizens.

"People need to know when they go to bed at night and the darkness of the evening comes over, that they can sleep safely in their beds," he said.

Mr Bleijie told Parliament that more anti-gang legislation is likely.

"I would fully expect... that in the two sittings of Parliament we will be debating more tough measures," he said.

"As the criminal motorcycle gang members respond to these laws - come up out of the ground from where they are hidden at the moment - we will have to introduce more laws targeting criminal motorcycle gang members."

Mr Bleijie says the rules for the tattoo trade could be expanded to other industries.

"For the likes of the security industry, for the likes of the second-hand motor dealers industry, for the likes of the gym industry," he said.

"If there are criminal motorcycle gang members profiteering, promoting, working, associating, being the proprietor of these other businesses, then we will crush them too."

Laws 'a hastily pulled together response'

However, critics say the existing laws were already strong enough to deal with outlaw bikie gangs.

Qld anti-bikie laws include: Extra powers for Qld's Crime and Corruption Commission (CCC)

Bikie-only prison at Woodford, north of Brisbane

Mandatory sentences of 15 years for serious crimes committed as part of gang activity, on top of the normal penalty

Club office bearers will be sentenced to another 10 years in jail, and parole will only be granted if the offender cooperates with police

Convicted bikies subjected to strict drug tests and searches in prison

Bikie criminals in other state prisons to be transferred to Woodford

Introducing a licensing regime for tattoo parlours and artists, banning bikie gang members

Motorcycles to be crushed as punishment for certain crimes

There is also concern that other people will be caught up in laws intended to punish bikies.

Labor supported the laws but Opposition Leader Annastacia Palaszczuk says they are problematic as the rushed approach could lead to failure.

"[It's] a hastily pulled together response that plays up to populist rhetoric," she said.

"What we need are valid laws that will withstand a challenge in the High Court.

"I have placed on the public record the lack of consultation and scrutiny cannot lead to good government and it cannot lead to good legislation.

"Therefore the Attorney-General will feel and bear the full brunt of the responsibility if these laws fail in the High Court."

But Mr Newman says that has been considered.

"We have sought the best legal advice," he said.

Ms Palaszczuk also says the laws designed to drive criminal bikies out of the tattoo industry could lead to problems for other industries.

"I am concerned that the regulation of the tattoo industry will simply encourage outlaw motorcycle gangs to branch out into other industries," she said.

"In fact, there is already clear evidence the outlaw motorcycle gangs are involved in a variety of business enterprises such as restaurants, clubs, bars and massage parlours."

Ms Palaszczcuk also says a last-minute amendment to the new laws show the legislation could have "unintended consequences".

During last night's debate in Parliament, Mr Bleijie moved an amendment to ensure that lawyers representing gang members are not considered 'violent lawless associates'.

Ms Palaszczuk says the problem could have been avoided if there had been consultation.

"If the Attorney-General had provided the Law Society and the Bar Association with the opportunity to view the legislation and to present their comments, this would not have happened," she said.

"Already we've seen an amendment by the Attorney-General - a bungle from day one."

Government rejects crossbench amendments

Crossbench MPs also unsuccessfully tried to change the legislation, but the Newman Government argued changes were not needed.

Katter's Australian Party MP Shane Knuth, the Member for Dalrymple in the state's north, wanted amendments protecting law-abiding clubs.

"They want to be assured they are free to ride their bikes and not be pulled over," he said.

Mr Knuth told Parliament that recreational riding clubs are losing basic rights.

"Like the Hogs, the millionaires' bikie club - when they go up to the Herveys Range Tearoom, [west of Townsville]," he told the House.

"But they want to ensure that when they go up there and put $2,000 into the Herveys Range Tea Room that they're not going to be pulled over by the police."

Independent motorcycle lobbyist Russell Wattie says riders are being demonised by the Newman Government.

Mr Wattie was in State Parliament last night to watch as the new laws were passed.

He says the police response to his presence was over the top.

"I've been in Parliament house many times - I quite often go and sit in the visitors' gallery and have a look when there's anything of interest going on," he said.

"I've never ever seen any police presence up until yesterday and I understand they've been here for a couple of weeks.

"But basically it didn't matter where I went - I had six coppers surrounding me - six police surrounding one independent motorcycle lobbyist."

'Getting a bit hysterical about bikies'

The Australian Human Rights Commission, lawyers and the civil libertarians have objected strongly to the new laws.

Last night at a forum at the University of New South Wales, Former NSW director of public prosecutions Nicholas Cowdery added his voice to the condemnation.

Professor Cowdery, QC, held the job for 17 years before retiring two years ago.

"The idea of special jails and so on is nonsense - I think we're getting a bit hysterical about bikies," he said.

"There are some clubs and there are some members of motorcycle clubs who are pests, who commit serious criminal offences, and who should be dealt with by the criminal law.

"But the mere fact of membership of an organisation of that kind should not have criminal consequences."

He says Australians enjoy "the freedom of association, the freedom of movement, freedom of speech, freedom of action in this country".

"To truly outlaw - because that's what the Government is doing - clubs and membership of clubs is, in my view, a step too far and contrary to the fundamental freedoms that we should enjoy in this country," he said.

"Legislation of this kind would be totally impossible in the ACT and Victoria where they do have human rights legislation, and I think that's a good test to apply.

"If it wouldn't pass in those two jurisdictions - why should it be able to be enacted in Queensland?

"[It's] scaremongering - scaremongering by the media, scaremongering by the politicians."

Topics: laws, law-crime-and-justice, crime, crime-prevention, state-parliament, qld

First posted