Tag: legislation

31 Oct

NSW to Target Repeat and High Range Drink Driving with Interlock

High Range Drink Driving Repeat and those caught high range drink driving will have to install an alcohol interlock device under legislation to be introduced into NSW parliament early next year. While there is a voluntary scheme currently in place, it is believed this mandatory system will prevent at least 140 alcohol related crashes. Alcohol Interlock An alcohol interlock will be installed in a person’s car if they have been caught drink driving twice in five years, or once with a blood-alcohol level above 0.15 (high range drink driving). Magistrates will also have the power to make motorists keep the …

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30 Oct

Bikie Laws $82,500.00 FOR WEARING COLOURS.

Bikie Laws amendments to the Liquor Act. 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. Declared Criminal Organisation 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 …

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24 Oct

Do I Have to Be Driving My Car to Be Charged With Drink Driving?

The majority of motorists understand that if  they are caught drinking and driving they will loose their licence.  Indeed the bulk of our work as experienced traffic lawyers is aimed at minimising the disqualification period or securing a work licence for people caught drinking and driving.  What does take people by surprise is that they can lose their licence for sleeping in the car or even simply having the car keys in their pocket while intoxicated. The Transport Operations (Road Use Management) Act 1985 (Qld) imposes sanctions where a person who is over the relevant blood alcohol concentration: drives a …

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22 Oct

Increased penalties for QLD Stock Offences

The minimum fines for stock offences have increased from $200 to $1100 per animal or the value of the animal, whichever is the higher amount. Other amendments to the legislation will benefit investigating authorities and primary producers by: Empowering police to effectively investigate stock crime by extending stock-related search warrant durations from 7 to 21 days Modernising evidentiary requirements in stock offence prosecutions Maintaining the ability of police to immediately return cattle to victims of crime where there is no dispute as to ownership Streamlining the disposal process where there is a dispute as to ownership, allowing the stock to be …

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Gatenby Criminal Law 22 October 2013
21 Oct

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. 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 …

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15 Oct

Vicious Lawless Association Disestablishment Bill

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 …

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14 Oct

Super jail’ for criminal bikie gangs

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: Restricted hours out of their cell (potentially as little as one hour a day) Increased drug testing Frequent, proactive cell searches Only one hour non-contact visits with family members per week No TVs in their cells No access to gymnasium facilities All phone calls, other than to legal representatives, will be monitored by intelligence staff Mail to be opened, searched and censored.

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05 Sep

BANNING ORDERS – WHAT ARE THEY AND CAN I DEFEND THEM?

A banning order is a order that prohibits an offender, until a stated date, from doing or attempting to do any of the following: Entering or remaining in a stated licensed premises ; or a stated class of licensed premises; Entering or remaining in, during stated hours, a stated area that is a particular distance from the licensed premises; Attending or remaining at a stated event, to be held in a public place, at which liquor will be sold for consumption. Banning orders can prohibit entry to stated places. The Court has a wide discretion in relation to the terms …

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05 Sep

MANDATORY SENTENCES

  Mandatory sentencing has always been actively contested and denounced for years by bodies such as the Queensland Law Society, the Queensland Sentencing Advisory Council as well as other civil libertarian associations throughout the state. Mandatory sentences do not work.   Magistrates and Judges, although bound by legislation, are usually given a wide discretion to determine the appropriate penalty for various offences. The legislation generally prescribes minimum and maximum penalties that ought be imposed. One of the cornerstones of a just and fair judicial system, is the discretion afforded to our courts in sentencing offenders. There is no such thing …

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05 Sep

EVADING POLICE – MANDATORY FINES AND DISQUALIFICATION. WHAT ARE MY OPTIONS?

The Queensland Government in reaction to a number of police pursuits has imposed mandatory fines and disqualification periods for all offences of Evade Police.  While this may seem appropriate for substantial offences involving dangerous, high speed, police pursuits, the reality is that minor infringements will also see the imposition of these mandatory sentences. Section 754 of the Police Powers and Responsibilities Act 2000, makes it an offence for a driver of a motor vehicle to fail to stop if a police officer, using a police service vehicle, gives the driver a direction to stop the motor vehicle. A police officer will usually …

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