It is expected that New Zealand’s, Mongrel Mob, will be declared an ‘identified organisation’, under the Serious and Organised Crime Legislation Amendment Act 2016
The declaration comes following purported intelligence gathered by the Police Commissioner advising that there is evidence of Mongrel Mob activity in Queensland. The power to declare the gang an identified organisation is an unfettered discretion of the executive branch and is not the subject of any judicial scrutiny. [Read more…]
The State Government has introduced changes to the Liquor Act 1992. The Government has declared 26 motor cycle gangs as Declared Criminal Organisations. The bikie laws amends the Liquor Act by imposing restrictions on the ability of patrons of liquor licensed premises to wear clothing and other paraphernalia highlighting their affiliation with a criminal motor cycle gang.
Under the amendments a member of a declared criminal organisation commits and offence if they are wearing a prohibited item on licensed premises. A prohibited item includes an item of clothing or jewellery or another accessory associated with a criminal organisation or other form of symbol, abbreviation or writing that indicates membership of, or an association with the criminal organisation (e.g. 1% or 1%er).
The penalties are as follows:
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.
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.
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 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.
A 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.
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.
Criminal motorcycle gang members will face mandatory jail terms of up to 25 years as part of a range of new and increased penalties to be introduced in Parliament by the Newman Government today.
Under our Vicious Lawless Association Disestablishment Bill, criminal gang members convicted of certain offences will be declared ‘vicious lawless associates’ and hit with an extra 15 years mandatory jail time on top of their sentence.
A further mandatory term of 10 years will apply if the offender is an office bearer of the criminal organisation.
Tattoo parlours will also require licenses from next year. Current and prospective proprietors will need to be fit and proper persons and will undergo police checks before their application is approved.
Three new offences, specifically targeting criminal gangs, would also be created.
The new offences are:
These new offences will carry mandatory six month jail terms, with a maximum of three years in prison.
Increased penalties include:
The reforms would also strengthen Queensland’s crime fighting bodies and courts. The Crime and Misconduct Commission unprecedented powers to haul in CMG members and question them for intelligence gathering purposes. If members don’t co-operate, they face mandatory jail time, if they don’t answer questions during coercive hearings by the Crime and Misconduct Commission, they face mandatory jail time for contempt. If they refuse again, they get more jail time.
Mandatory jail terms for contempt are:
Criminal motorcycle gang members also face losing their Motor Cycles which the Government proposes to crush. If a member uses his bike immediately before, during or after committing many of these offences, we will confiscate it and crush it. Without his bike. Other vehicles used by gangs will also be able to be confiscated and crushed under the reforms.
In our view this is an appalling piece of legislation that unfairly discriminates against a group or class of people based solely on the their membership of a particular organisation.
We are reminded of the words of Niemöller:
First they came for the communist,
and I didn’t speak out because I wasn’t a communist.
Then they came for the socialist,
and I didn’t speak out because I wasn’t a socialist.
Then they came for the trade unionist,
and I didn’t speak out because I wasn’t a trade unionist.
Then they came for me,
and there was no one left to speak for me.
If you or someone you care about is facing Criminal Motorcycle Gang charges or offences for being associated with a Criminal Motorcycle gang, contact Gatenby Criminal Lawyers immediately.
OMCG Members are to be housed in a special purpose jail and face being in their cells for 23 out of 24 hours
A special ultra-secure facility at Woodford Correctional Centre will house the highest risk members of criminal motorcycle gangs.
In prison, criminal motorcycle gang members will face:
