Abstract
In the past three years, new laws have been introduced in four Australian states designed to prevent criminal conspiracies by outlaw motorcycle gang (OMG) members and to disrupt the criminal activities of these gangs. The Australian laws push the boundaries previously set in similar laws in other jurisdictions, in that controls can be imposed because of membership of an organization perceived as a threat by the state. The laws constitute a pre-emptive strike against OMGs. However, there are very real issues about their likely effectiveness, given research suggesting that the primary structures targeted in this legislation, the clubs, are not necessarily the ones that OMG members use to conduct their criminal business. This article explores these issues, and suggests that the reaction of OMGs to this legislation may provide important information about OMG adaptiveness and resilience.
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Notes
Under the SA, NT and Qld Acts, control orders can also be imposed on certain persons who associate with members of declared organizations.
Under the Qld Act, a first offense is a misdemeanour; only a later offense is a crime (s.24(2)).
Only in Queensland has an effort been made to protect the rights of defendants while still dealing with the problem of a leakage of intelligence that might endanger informants. Under the Qld Act, a Criminal Organisation Public Interest Monitor (COPIM) is appointed, whose job it is to test and make submissions to the court about the appropriateness and validity of applications, including applications to declare certain information to be criminal intelligence (Qld Act s 86). The COPIM is usually allowed to see most of the criminal intelligence put before the court (s.77).
Under all four laws, “member” includes not only current members but also associates, prospective and former members and people who simply identify themselves as belonging to the organization or are treated as belonging to it. The Qld Act definition also includes “a person who associates with a member of the organisation for the purpose of engaging in, or conspiring to engage in, serious criminal activity.”
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Ayling, J. Pre-emptive Strike: How Australia is Tackling Outlaw Motorcycle Gangs. Am J Crim Just 36, 250–264 (2011). https://doi.org/10.1007/s12103-011-9105-7
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DOI: https://doi.org/10.1007/s12103-011-9105-7