The old beer-drinking, motorcycle-riding bikie is no longer there. Regarding criminal intelligence material, the Attorney-General noted that the Bill protects sensitive criminal intelligence material, while still ensuring that it can be tested before the courts, which is important to prevent harming ongoing police investigations or endangering the safety of covert police members and those who have cooperated with police. As a result of the High Court's decision, the South Australian Parliament passed the Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012. (2) The Court may vary the control order or ancillary order if the Court considers there has been a substantial change in circumstances since the order was made. [footnote51], In contrast, reports of OMCs in the media are typically associated with a range of criminal activities such as: illegal drug manufacturing and distribution; violent attacks; weapons offences; murders; intimidation; extortion; and money laundering. 580-599. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. A declaration will remain in force until it is revoked in accordance with section 14 of the Act.[footnote127]. Commonwealth Parliamentary Joint Committee on the Australian Crime Commission (2009) Inquiry into the Legislative Arrangements to Outlaw Serious and Organised Crime Groups, Canberra, The Committee, viewed 23 March 2012. (b) the activities of the organisation pose a serious threat to public safety and order. Clause 38 of the Bill provides that the Chief Commissioner may apply to the Court for a control order in respect of an individual or organisation. [footnote168] See section 16 of the Serious Crimes Act (UK) and Crown Prosecution Service (2012) op. Subclause (2) specifies that the special counsel must be a barrister who, in the opinion of the Court, has the appropriate abilities and skills to represent the interests of the respondent at the hearing of the protection application. Clause 43 provides that the Court may make a control order. [footnote58] The Committee noted that the development of legislative approaches to combat serious and organised crime was 'an evolving process, and must continuously adapt to the changing organised crime environment'. licensed to carry out investigations or surveillance of persons); working as a motor vehicle dealer or repairer; working as a seller or supplier of liquor; Any authorisation already in place will be suspended until the interim control order is confirmed by a control order, at which time the authorisation will be revoked.[footnote110]. [footnote55] ibid., p. 53. We call them 'Nike Bikies'.[footnote40]. Section 19 provides that a court can attach conditions to a control order. Seven people died as a result of gunshot wounds from the conflict, including two Bandidos, four Comancheros and a teenage member of the public, Leanne Walters. [footnote139], In any proceedings under the Act before a court, the court must, on application of the Commissioner, 'take steps to maintain the confidentiality of information properly classified by the Commissioner as criminal intelligence'. (3) The Chief Commissioner may also withdraw the substantive application if the Court at any time during the proceeding on the substantiveapplication makes an order for discovery of all or any part of the information, document or other thing that was the subject of the protection application, whether or not a criminal intelligence protection order was made. Section 22I provides that it is an offence to contravene or fail to comply with a control order or interim control order, punishable by up to five years imprisonment. On 14 May 2009, the South Australian Attorney-General declared the Finks Motorcycle Club to be a 'declared organisation'. Veno suggests that OMCs are built around four tenets: motorcycle riding; brotherhood; defence of territory; and partying. [footnote108] The maximum penalty for a controlled member who recruits another person is five years imprisonment. [footnote128] Serious and Organised Crime (Control) Act 2008, s 34A(1). Part 6 of the Queensland Act provides that the Police Commissioner may apply to the Supreme Court for a declaration that particular evidence is 'criminal intelligence' and accordingly can be withheld from other parties to the proceedings. [footnote153], Criminal Organisation Public Interest Monitor, Part 7 of the Queensland Act provides for the creation of the Criminal Organisation Public Interest Monitor (COPIM). The Commissioner then sought a control order from the Magistrates Court against Mr Sandro Totani, an alleged Finks member. . According to the Explanatory Memorandum, clause 70: enables the Chief Commissioner to apply to the Supreme Court for a criminal intelligence protection order to protect the confidentiality of any information, document or other thing that is related to a substantive application (as defined in clause 69) and that the Chief Commissioner believes on reasonable grounds is criminal intelligence.[footnote79]. cit. [footnote167] See sections 35-36 of the Serious Crimes Act (UK) and Crown Prosecution Service (2012) op. [footnote95] Crimes (Criminal Organisations Control) Act 2012, s 8(2). [footnote146] Queensland media has reported that the High Court will hear the matter on 4-5 December 2012.[footnote147]. Non-riders, called 'Nike Bikies' (reflecting their preference for sports shoes rather than riding boots) have been joining some OMCs leading to a fundamental change in the nature of these clubs. Subclause (3) outlines when the special counsel may communicate with the respondent prior to attending the hearing or obtaining any information that is the subject of the protection application: (3) At any time before the special counsel attends the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel may communicate with the respondent, or any representative of the respondent, for the purposes of obtaining information from the respondent or representative in relation to the protection application. Subclause (3) provides that, if the Court is closed for the hearing, the only persons who may be present are: the Chief Commissioner (or delegate); lawyers representing the Chief Commissioner; the special counsel appointed under clause 79; any witnesses who may be called to give evidence; the presiding judge and any court staff necessary for the hearing. 19, no. According to a media release of the then Attorney-General: 'The Criminal Organisation Public Interest Monitor will represent the public interest by assisting the court during application hearings to test the validity of applications, particularly where the respondent cannot be present due to the use of covert intelligence'.[footnote154]. . Clause 47 specifies the content of control orders for an individual. In considering whether or not to make a declaration, the eligible judge may have regard to: information suggesting a link between the organisation and serious criminal activity; any recorded convictions against current or former members or associates; information suggesting that current or former members or associates have been or are involved in serious criminal activity (whether or not the involvement resulted in convictions); information suggesting that members of an interstate or overseas branch of the organisation associate for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity; and, anything else considered relevant by the eligible judge. The Explanatory Memorandum states: The general procedures in that [footnotethe Civil Procedure] Act are primarily directed towards civil proceedings between private parties. Outlaw motorcycle clubs (OMCs) are a particular set of motorcycle groups. Mr Totani commenced proceedings in the Supreme Court to have section 14(1), which provided for the Magistrates Court to issue a control order, to be declared invalid. Section 8(7) defines a 'protected submission' as 'a submission made by a person who has reasonable grounds to believe that he or she may be subjected to action comprising or involving injury, damage, loss, intimidation or harassment in reprisal for making the submission'.

cit., pp. cit. [footnote163] See section 6 of the Serious Crimes Act (UK) and Crown Prosecution Service (2012) op. [footnote24] A prominent academic on Australian OMCs is Arthur Veno, of Victoria University, who has been involved in social action research of bikie clubs for more than 20 years. Loughnan, A. This confrontation, between members of the rival Comanchero and Bandido motorcycle clubs, occurred during a motorcycle 'swap meet'[footnote42] at the Viking Tavern in Milperra. [footnote86] The judgment summary from the High Court states: The absence of an obligation to give reasons for the declaration [footnoteunder s 13, Part 2 of CCOCA 2009] after what may have been a contested application was repugnant to, or incompatible with, the institutional integrity of the Supreme Court. [footnote1] He noted that this Bill delivers on the Government's election commitment to legislate to allow criminal bikie and similar organisations to be outlawed, while ensuring that these decisions are made by the courts and after 'a robust assessment of the evidence and with affected parties having the opportunity to be heard'. [footnote103] Section 19 provides that the Court may make a control order in relation to a person on whom notice of an interim control order has been served. The requirements for an interim control order are set out in Division 1 of the Act. Kaila, J. The clause provides that: (1) A question of fact to be decided by the Court for the purpose of being satisfied as required by section 19(2)(a) or (3)(a) and (b) is to be decided beyond reasonable doubt.

Subclause (2) provides that a declared organisation or declared individual may also apply, with the leave of the Court. Under clause 33(1) the Chief Commissioner may apply to the Court for the renewal of a declaration. Clause 56 of the Bill refers to an application for a revocation or variation of a control order or ancillary order. There are indeed anti-consorting laws in place right now in Victoria, but sadly they have proven to be quite ineffective. Subclause (4) provides for exceptions to the offence provision in subclause (2). [footnote47], Most recently in Victoria, on 28 November 2011, the sergeant-at-arms of the Bandidos motorcycle club, Toby Mitchell, was shot up to five times in broad daylight in Brunswick. It provides that the Commissioner may apply to the registrar[footnote144] for the registration of a corresponding declaration or control order. The violence was sparked when six Comancheros, including national president Mahmoud Hawi, coincidentally boarded the same flight as Derek Wainohu, a president of the Hells Angels, from Melbourne to Sydney. The Bill also provides for the recognition and application of declarations and control orders made under corresponding laws, such as laws in other jurisdictions. [footnote124] Serious and Organised Crime (Control) Act 2008, s 11(2).

The shooting commenced outside a gym near the Bandidos clubhouse on Weston Street and continued through the car park of a nearby shopping centre.

100-113. [footnote134] Serious and Organised Crime (Control) Act 2008, s 22B. [footnote155] See sections 83 and 84 of the Criminal Organisation Act (Qld).

The Attorney-General stated that this will ensure that criminal organisations 'cannot avoid the restrictions of an order by simply moving interstate'. The Service prepares briefings and publications for Parliament in response to Members, and in anticipation of their requirements, undertaking research in areas of contemporary concern to the Victorian legislature. Subclause (2) states that if the Court declines to make a criminal intelligence protection order for all or part of the information, the Chief Commissioner: is not obliged to adduce that information in evidence in the proceeding on the substantive application; and may withdraw the substantive application. cit., pp. [footnote84] Under section 13, the judge was not required to provide any reasons or grounds for his or her decision.[footnote85]. They love their motor bikes. Subclause (3) specifies that the Attorney-General must cause a copy of the report to be laid before each House of Parliament within 12 sitting days after the report is received by the Attorney-General. Houghton, J. In addition, some legal details have been omitted to provide a brief overview of the Bill. [footnote95] The Commissioner of Police may object to any person being present during any part of the hearing in which information classified by the Commissioner as criminal intelligence is disclosed.[footnote96]. [footnote109] For the full list of prescribed activities, see Crimes (Criminal Organisations Control) Act 2012, s 27(6). [footnote17], Both AMA-affiliated and outlaw motorcycle clubs grew steadily into the 1940s. See: s 35(4). Under section 10(1), the court may make a declaration that the respondent is a criminal organisation, if it is satisfied that: (a) the respondent is an organisation; and, (b) members of the organisation associate for the purpose of engaging in, or conspiring to engage in, serious criminal activity; and. Clause 51 specifies the standard of proof that applies to applications for control orders. Bucci, N. (2011) 'Police Say Bikie Drug Syndicate Broken', The Age, 6 May, p. 9. 31, Part 2, pp. These include that: (a) the individual is a member, former member or prospective member of an organisation; and, (b) that individual and at least one other member, former member or prospective member of that organisation have used or are using, (ii) their relationship with that organisation or with that organisation's members. Attorney-General Martin Pakula said the legislation was a step towards a more uniform approach to bikie gangs across Australia. [footnote112] Crimes (Criminal Organisations Control) Act 2012, s 28(3). Because the validity of other parts of the Act relied on the validity of Part 2, the whole Act was declared invalid. Division 2 Criminal Intelligence Protection Orders. [footnote13] This information will include: a broad overview of OMC culture; a discussion of the link between OMCs and crime; a description of Taskforce Echo (which was established by Victoria Police to target the illegal activities of OMCs); and an outline of the Coalition's policy on OMCs. It does not apply in relation to proceedings for an offence against the Act. [footnote147] R. Wuth (2012) 'Finks Fight for Fair Trial', Gold Coast Bulletin website, 13 November, viewed 22 November 2012, . The Victorian Government introduced the Criminal Organisations Control Bill 2012 ('the Bill') on 14 November 2012. In the second reading speech, the Attorney-General stated: Organisations involved in serious criminal activity, including bikie gangs, often regard themselves as beyond the reach of the law, and commonly use violence and intimidation to achieve their criminal aims.[footnote12]. The Explanatory Memorandum specifies that the effect of this amendment will be that appeals in relation to applications under Parts 2, 3, 4 or 5 of the Bill will 'lie as of right to the Court of Appeal, without the need for leave'.[footnote81]. Subclause (4) sets out when the special counsel may communicate with the respondent once the hearing has commenced or the special counsel has obtained any information that is the subject of the protection application: (4) At any time after the special counsel commences to attend the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel, (a) may communicate to the respondent or a representative of the respondent any order made by the Court at or in relation to the hearing; and. Subclause (4) provides that the Court may decide that it is satisfied as required by subclause (2) or (3) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify making the declaration. & C. Dick (2009) 'Legislation Introduced to Disrupt Serious Criminal Activity', Media Release, 29 October, viewed 10 October 2012, . . Subclauses (1) and (2) state: (1) This section applies to any information, document or other thing that was the subject of a protection application that was not granted by the Court. Prescribed activities include: operating or working as a 'special employee' in a casino; carrying on a 'security activity' such as acting as a bodyguard, crowd controller or patrolling, protecting or guarding property; working as a 'commercial agent' (i.e. [footnote59], The Committee stated that there were advantages and disadvantages for each of the legislative approaches it had examined. Such control orders could, for example, prohibit the defendant from associating with other members of declared organisations and from possessing a dangerous article or a prohibited weapon.[footnote116]. [footnote149] See sections 16-17 of the Criminal Organisation Act (Qld). Bligh, A. The Explanatory Memorandum (for the Bill that became the Criminal Organisation Act) summarised that: Activities that may be controlled by an order include associating with other persons; possessing stated weapons and other things; carrying or applying to carry on certain prescribed activities, e.g. The penalty for a contravention is, for an individual, 600 penalty units ($84,504) or imprisonment for 5 years or both; or 3,000 penalty units ($422,520) in the case of a body corporate. [footnote85] Other than to a person conducting a review, such as the Ombudsman, if requested.

Clause 41 specifies the persons who may object to the control order application. Schloenhardt, A. cit. [footnote72] He also said that the LIV believed that existing criminal laws could effectively deal with criminal offending. [footnote32], Outlaw motorcycle clubs are male-dominated and women are not accepted as members. Perhaps the most notorious episode of inter-club violence was the 'Milperra Massacre' which occurred in Sydney on 2 September 1984. Subclause (3) specifies that the Court may appoint the same or a different special counsel than was appointed under clause 71. (e) an office holder of the organisation; related organisation means an organisation the membership, former membership or prospective membership of which formed the basis on which the Court was satisfied under section 19(3)(b) in making a declaration that applies to an individual; serious criminal activity means conduct that would, if the facts were found proved beyond reasonable doubt at a trial, constitute any one or more applicable offences andincludes any such conduct that occurs before the commencement of Part 2; Clause 4 provides a definition of 'applicable offence'. Clause 7 provides for a definition of 'organisation'. 33, no. Clause 8 of the Bill defines the term 'prospective member'. [footnote112] This may include receiving evidence or hearing arguments in private.[footnote113]. OMCs foster a clear commitment to 'brotherhood' orstanding up for fellow members. [footnote158], As noted in the Background section of this Research Brief, the Commonwealth Parliamentary Committee in to the Australian Crime Commission report (on its inquiry into outlawing serious and organised crime groups) stated that, of the approaches examined by the committee, the UK approach seemed to be effective. Readers are reminded that the information presented does not constitute legal opinion and is a summary only. (d) has a purpose of obtaining profit, gain, power or influence, or of sexual gratification where the victim is a child. Hudson was sentenced to a minimum of 35 years in jail for the events of 18 June 2007. Rule (2012) 'Bad to the Bone The War We're Not Winning Against Bikies', Herald Sun, 3 February, p. 15; P. Anderson (2012) 'Bail Denied Over Strip Club Brawl', Herald Sun, 21 January, p. 10; N. McKenzie, B. Schneiders & R. Baker (2011) 'Hells Angels' Extortion Bid', theage.com.au, 2 April, viewed 22 November 2012, ; N. Bucci (2011) 'Police Say Bikie Drug Syndicate Broken', The Age, 6 May, p. 9.