BIKIE BLOCK

LABOR is set to vote down the State Government’s bikie laws, saying the Bill is so flawed, there is no point moving amendments and the Government needs to start again.

The Hodgman Government plans to introduce a ban on bikie gangs displaying their colours in public.

LABOR will vote down the Government’s proposed bikie laws, saying they put too much power solely in the hands of the Police Minister.

Opposition police spokesman Shane Broad says the Government’s Bill is so flawed, there is no point moving amendments. Instead, he says, the Government must go back to the drawing board.

“Labor is fully on board with the move to curb the criminal activities of outlaw motorcycle gangs, but the scope of the fight against organised crime in Tasmania needs to be much, much broader including — but not limited to — outlaw motorcycle gangs,” he writes in the Mercury today.

The Hodgman Government plans to introduce a ban on outlaw motorcycle gang members displaying their colours in public.

“The Police Offences Amendment (Prohibited Insignia) Bill 2018 will prohibit the display of insignia that promotes criminal associations and causes fear in the community,” Police Minister Michael Ferguson said in June.

Tasmania Police has backed the planned changes and also called for anti-consorting laws for individuals convicted of serious crimes.

It says outlaw gangs the Bandidos, Black Uhlans, Devil’s Henchman, Outlaws and Rebels are all established in Tasmania with some implicated in the distribution of the drug ice and several unsolved murders.

Mr Broad said Labor was committed to giving police the “best tools” to tackle crime, “but the Bill … would not target organised crime and was open to abuse by a rogue police minister”.

“Banning insignia should be part of the toolkit, along with anti-association measures, clubhouse bans and strengthened asset freezing and seizure powers,” he said.

“If enacted, Michael Ferguson will have the ability to ban almost any item of clothing or jewellery that displays any insignia or logo of almost any organisation, with no due process or evidence required.”

The proposed legislation has angered motorcycle riders generally who claim they will be targeted despite not belonging to outlaw gangs, and civil liberties groups have warned the Bill imposes sweeping restrictions on Tasmanians.

“This legislation has been developed after a detailed period of public consultation and, importantly, does not affect law abiding, social riding clubs,” Mr Ferguson has said.

“Social riding clubs and law abiding motorcycle groups make up the vast majority of riders and will also benefit from a safer Tasmania.”

CRIME is on the rise in Tasmania despite the hard work of our police officers.

Tasmania Police’s own figures show offences rose almost 20 per cent from 2015 to 2017.

As legislators, we all have a responsibility to give the police the best tools to tackle these alarming trends.

Tasmania cannot be allowed to become a haven for criminal gangs especially when dealing with the impact of drug trafficking.

But the Hodgman Liberal Government’s Police Offences Amendment (Prohibited Insignia) Bill 2018, due to come before the State Parliament this month, will not address this problem because it doesn’t target organised crime and is open to abuse by a rogue police minister.

Labor is fully on board with the move to curb the criminal activities of Outlaw Motorcycle Gangs, known as OMCGs, but the scope of the fight against organised crime in Tasmania needs to be much, much broader including — but not limited to — outlaw motorcycle gangs.

The Bill the government is taking to the House of Assembly does not address the broader organised crime issue.

Myriad criminal organisations have a presence in Australia.

Their tentacles may reach into Tasmania and therefore we should be focusing on making Tasmania the hardest place in Australia for criminal gangs, including elements of OMCGs, to gain a toehold, and we should also be focusing on prosecuting them and seizing their assets.

And while the distribution of illicit drugs should be a core focus of any clampdown on organised crime, the Liberals with their proposed legislation are ignoring the fact that the underworld has a broad scope — from extortion rackets to white-collar corporate scams to youth and street gangs and the production and distribution of pornography and child exploitation material.

Instead of pretending that banning the wearing of bikie colours will solve all Tasmania’s drug and crime issues, the Liberal Government should be following the lead of other states by drafting comprehensive organised crime legislation. And yes, banning insignia should be part of the toolkit, along with anti-association measures, clubhouse bans and strengthened asset freezing and seizure powers. But any increased powers should only be activated once organised criminal activity has been identified by evidence put before a court.

Whenever new laws are proposed it is the job of members of parliament to consider their benefits as well as any unintended or hidden consequences.

It is for that reason Labor has been carefully reviewing the Liberal Government’s socalled ban on wearing colours, which leads us to a few facts that need to be examined.

Firstly, Queensland is the only state with similar powers, meaning Tasmania would be the second place to ban insignia in public places.

Next, despite all their rhetoric, the Tasmanian Liberals’ Bill doesn’t mention bikie gangs or even list drugtrafficking as a relevant offence. However, the biggest problem with this Bill is it places way too much power in the hands of the police minister.

If enacted, Michael Ferguson will have the ability to ban almost any item of clothing or jewellery that displays any insignia or logo of almost any organisation, with no due process or evidence required. This legislation has such a wide scope it could literally be used to ban Collingwood jumpers or Holden T-shirts. The reason for banning an insignia could be as simple as it “may cause members of the public to feel, threatened, fearful or intimidated”. That is a very low bar.

But doesn’t there have to be some criminality involved? Well not really. If the very low intimidation threshold is reached, then it only requires a prospective member (undefined) of an organisation to have committed a relatively minor offence like “a public act of damage to property”.

So if someone from a footy club spray paints a fence, that can be classified as property damage and would earn the minister’s tick. If someone

who wants to join the same club is a bit scary and has the potential to make somebody else feel intimidated, tick again. These two ticks are all that is required for the minister to ban the club jumper forever.

Of course this is far-fetched and the Government can rightly argue this is not the intention of the Bill but it is concerning that the way this Bill is drafted it could happen. And weekend motorcyclists, who are not OMCG members, could also be swept up and targeted.

Once laws are passed they can be used in a variety of ways, intended and otherwise.

The process is as simple as the minister of the day tabling the name of an organisation whose insignia will be banned in parliament.

The regulation can be disallowed by a vote in parliament, but that process can take months, by which time the damage would already be done.

The only thing that can be challenged in court is whether the process was followed, not whether or not the ban is reasonable or any claims were actually true.

Importantly, in bringing on this Bill the Liberals have avoided any discussion of the tools law enforcement require to undertake a comprehensive organised crime operation, including an increased investment in specialist skills in Tasmanian Police, forensic accountants and investigators to catch criminals and take away the profits of their crimes.

Labor wants a comprehensive approach to cracking down on organised criminal activity so Tasmanians can be assured our police have the power and the resources to target all areas of this underworld, including outlaw motorcycle gangs.

What the Liberals have on the table will not achieve that. Braddon state MP Shane Broad is Labor’s Police, Fire and Emergency Services spokesman.

This legislation has such a wide scope it could literally be used to ban Collingwood jumpers or Holden T-shirts