26 OMCG declared a Criminal Organisation

New Qld Bikie Laws

New Qld Bikie laws have been introduced targeting the illegal activities of criminal gangs in Queensland. The reforms introduce new offences, increased penalties, enhanced powers for Police and the Crime and Misconduct Commission, and stricter bail laws.

Declared Criminal Organisations

Liquor Act Changes

Changes have been made to the Liquor Act 1992 to prohibit people from entering or remaining on premises, subject to a licence or permit under the Liquor Act, if they are wearing or carrying certain prohibited items (outlined below) which are associated with a declared criminal organisation. It also places obligations on licensees/permittees, approved managers, employees and agents of licensees/permittees that they not knowingly allow anyone wearing or carrying the prohibited items to enter or remain on the premises.

The Liquor Act provides for authorised persons, which include the licensee/permittee, employees or agents of the licensee/permittee, and police officers, to tell a person wearing or carrying prohibited items to immediately leave the premises.

Penalties apply and the maximum penalty for the licensee/permittee, approved manager or employee/agent of the licensee/permittee for knowingly allowing a person wearing or carrying prohibited items to enter or remain on the premises is $11,000.

Significant penalties also apply if the person refuses to leave when required, or resists an authorised person who is removing them from the premises (maximum penalty for first offence $41,250, second offence $57,750 or 6 months imprisonment and third or later offences $82,500 or 18 months imprisonment).

Prohibited Item

Prohibited item is defined in the Liquor Act as meaning:
an item of clothing or jewellery or an accessory that displays—

(a)       the name of a declared criminal organisation; or

(b)       the club patch, insignia or logo of a declared criminal

organisation; or

Note
The things mentioned in paragraph (b) are also known as the ‘colours’ of the organisation.

(c)        any image, symbol, abbreviation, acronym or other form

of writing that indicates membership of, or an association with, a declared criminal organisation,

including—

(i)         the symbol ‘1%’; and

(ii)        the symbol ‘1%er’; and

(iii)       any other image, symbol, abbreviation, acronym or other form of writing prescribed under a regulation for this paragraph.

Declared Criminal Organisation

declared criminal organisation is an entity declared to be a criminal organisation under the Criminal Code, section 1, definition criminal organisation, paragraph (c). A list of these organisations as at 17 October 2013 is provided below.

  • the motorcycle club know as the Bandidos
  • the motorcycle club kn
  • ow as the Black Uhlans
  • the motorcycle club know as the Coffin Cheaters
  • the motorcycle club know as the Comancheros
  • the motorcycle club know as the Finks
  • the motorcycle club know as the Fourth Reich
  • the motorcycle club know as the Gladiators
  • the motorcycle club know as the Gypsy Jokers
  • the motorcycle club know as the Hells Angels
  • the motorcycle club know as the Highway 61
  • the motorcycle club know as the Iron Horsemen
  • the motorcycle club know as the Life and Death
  • the motorcycle club know as the Lone Wolf
  • the motorcycle club know as the Mobshitters
  • the motorcycle club know as the Mongols
  • the motorcycle club know as the Muslin Brotherhood Movement
  • the motorcycle club know as the Nomads
  • the motorcycle club know as the Notorious
  • the motorcycle club know as the Odins Warriors
  • the motorcycle club know as the Outcasts
  • the motorcycle club know as the Outlaws
  • the motorcycle club know as the Pheonix
  • the motorcycle club know as the Rebels
  • the motorcycle club know as the Red Devils
  • the motorcycle club know as the Renegades
  • the motorcycle club know as the Scorpions

Disclaimer

This website contains general information about legal matters.  The information is not advice, and should not be treated as such.  You must not rely on the information on this website as an alternative to legal advice from your lawyer or other professional legal services provider.  You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information on this website.

For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

Liability limited by a scheme approved under professional standards legislation.

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