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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-04-30 Daily Xml
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MOTORCYCLE GANGS

The Hon. P.L. WHITE (Taylor) (15:11): My question is to the Eternal—

Members interjecting:

The Hon. P.L. WHITE: Mr Attorney-General, can you inform the house of the progress of the national approach to serious and organised crime and outlaw motorcycle gangs?

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs, Minister for Veterans' Affairs) (15:11): I can, and it will not be so long until I am the longest serving attorney-general in the history of this state. The Standing Committee of Attorneys-General met in Canberra on Thursday 16 and Friday 17 April.

Mr Williams interjecting:

The Hon. M.J. ATKINSON: The member for MacKillop twice told the house that I was a dead man walking—that was a few years ago. Much of the agenda was focused on a national approach to dealing with organised crime gangs. South Australia has led the way in legislating to give the authorities powers to deal with both the individuals and the organisations involved in serious and organised crime. Indeed, we lead the nation in our approach.

At previous meetings of SCAG, this government's approach to serious and organised crime was resoundingly criticised by some states and territories. My mind goes back to the Barossa Valley last year and, in particular, the Victorian attorney-general. They said we were going too far, that we were attacking a problem that did not exist and that the various police services around the country had adequate powers to deal with organised crime. They said that we had taken unnecessary draconian measures. Well, they were wrong.

Most recently, the decision of this parliament has been proved correct, and I commend the parliament, and members on all sides of this and the other place, for passing our serious and organised crime legislation. The recent breakouts of violent crimes and murders, and a recognition by the states of a national problem, saw New South Wales pass its serious organised crime legislation in a record two days. Much of the New South Wales bill was a cut-and-paste of the South Australian model, with some exceptions.

Moves by Queensland, Western Australia and Tasmania to consider the implementation of similar legislation are well underway. Victoria, as it has on the River Murray and the national water crisis, tried to hold out for as long as it could. It became a real fear that a national approach would fail. We want those involved in organised crime to have nowhere to run and nowhere to hide; however, Victoria's intransigence was threatening a national approach to failure. It was looking like Victoria would become the home of criminal bikie gangs, for which the writers of Channel 9's new miniseries, Underbelly 3: Bikie Wars, would be forever grateful. Victoria denied there was a problem and pretended its existing laws were sufficient. However, the pressure of the other states and the leadership of South Australia and, most recently, the commonwealth prevailed, and an agreement on a national approach was reached.

At the meeting, jurisdictions agreed on a raft of measures by all states to tackle serious and organised crime. Of note, the attorneys-general agreed to the commonwealth developing an organised crime framework. Ministers also agreed to a commonwealth package of legislative amendments to strengthen criminal asset confiscation, including unexplained wealth provisions; preventing a person associating with another person who is involved in organised criminal activity as an individual or through an organisation; enhanced police powers to investigate organised crime; facilitate greater access to telecommunication interception for criminal organisation offences; and address the joint commission of criminal offences.

Ministers also agreed to push towards interoperability and mutual recognition of the declarations under each jurisdiction's organised crime legislation. In addition to the decisions taken at the national level, members would be aware that on 16 April the Premier and I announced a second phase of legislative reforms to tackle organised crime. Legislation will be introduced that will create a new offence of participating in or contributing to a criminal organisation's activities. The offence will target those people who knowingly participate in or contribute to the activities of a criminal organisation, knowing that it is a criminal organisation, and intending that their participation or contribution enhances the organisation's ability to commit serious offences.

Another new offence is aimed at members of an organised criminal group who instruct others. This will target members, particularly senior members, of criminal organisations who instruct others to commit offences for the benefit of, or at the direction of, or in association with the criminal organisation.

Serious and organised crime is not just South Australia's problem; it is a national problem. South Australia has pioneered the legislative crackdown, and we will continue to do everything we can to eradicate the influence of serious organised crime.

Madam Deputy Speaker, so question time for this week ends with a whole question time with no questions to the member for West Torrens. So it ends with a whimper not a bang.


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