About 10 days ago all State and Territory Attorneys-General agreed to enact uniform anti-bikie gang laws. The new uniform national regime will be modelled on the Victorian regime which is broader than three very similar laws recently enacted in South Australia and New South Wales and a yet-to-be-enacted bill in the Northern Territory. The Age reports that ‘attorneys baulked at adopting South Australian laws aimed specifically at bikie gangs and went instead for a broader approach’.
Although the Victorian regime represents a significant extension of existing police powers in numerous ways, it is less extreme in terms of erosion o basic civil liberties than the SA, NSW and NT regimes, which are the main subject of this post. However, South Australia and New South Wales seem determined to maintain their recently enacted laws, and the NT equally has given no indication that it will do anything other than push ahead with enacting its own version of the SA law. It appears that the only reason other Attorneys-General opted for the Victorian model is that Victoria itself refused to sign up to the more draconian SA/NSW/NT model.
Strangely, the SA, NSW and NT anti-bikie laws have generated almost no debate in either the blogosphere or mainstream media. I say strangely because NSW Director of Public Prosecutions Nicholas Cowdery QC recently described them in the following terms:
“very troubling legislation” that could lead to a police state and represent “another giant leap backwards for human rights and the separation of powers - in short, the rule of law”.
Presumably the reason for the lack of public debate about these laws is that there is understandably little or no community sympathy for bikie gangs and their members. Most would no doubt agree with the Phantom of comic book fame that ‘rough justice for roughnecks’ is the appropriate response for both legislators and police. However, maybe if people understood that these laws can potentially target any group (not just bikie gangs) and its members who police suspect of ‘organised crime’ involvement, they might begin to share Nicholas Cowdery’s view that the laws are dangerously threatening to the rule of law and that ‘eternal vigilance is the price of liberty.’
If they also learned the extent to which these laws allow police to prohibit suspect groups and impose drastic restrictions on the freedom of their members without those people having any real opportunity to defend themselves or even know what is alleged against them, at least some would certainly be alarmed, although no doubt most will still complacently think “it could never happen to me” and dismiss articles like this one as just the rantings of a bleeding heart ratbag.
(Continued)
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