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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2024-08-27 Daily Xml
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Outlaw Motorcycle Gangs

The Hon. T.T. NGO (15:30): My question is to the Attorney-General. Will the Attorney-General update the council on the government's efforts to combat the harm caused by outlaw motorcycle gangs?

Members interjecting:

The PRESIDENT: Order!

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector) (15:31): Thank you, sir, and I thank the honourable member for his question and the always 'tough on crime' attitude that he brings into this place.

Members would be well aware that South Australia has some of the toughest anti-bikie laws in the country, and it is a credit to the work of successive Labor governments under Premiers Mike Rann, Jay Weatherill and now Peter Malinauskas. Under South Australian law, the Commissioner of Police can apply to have an organisation declared as a 'declared organisation'. There are currently 10 such organisations in this state.

There is a range of offences that can apply in relation to declared organisations. For example, section 83E of the Criminal Law Consolidation Act creates an offence for those who participate in a criminal organisation and whose participation contributes to the occurrence of criminal activity. That offence carries a penalty of up to 15 years' imprisonment. Recruiting others to be a member of a criminal organisation, or gathering with other participants of criminal organisations in a public place, also constitute offences under the Criminal Law Consolidation Act.

An important part of our legal framework to combat outlaw motorcycle gangs is the concept of 'prescribed places'. The Governor, by regulation, can declare a place a prescribed place. Serious penalties can then apply to criminal organisation participants entering prescribed places.

Members would recall that in August last year the High Court struck down flawed prescribed place regulations made under the former Liberal government. This, in particular, had implications for a Hells Angels linked site at Ponde. This government and this parliament moved swiftly to legislate in response to that decision to ensure our laws remained strong and effective, and that outlaw motorcycle gangs could take no comfort from the court's ruling in that matter.

In recent weeks, the government has again acted to ensure the activities of criminal organisations are stamped out to the fullest extent in this state. On 15 August, I joined with the Premier and the Deputy Commissioner of Police to announce that a Descendants-linked property at Pooraka was declared a prescribed place, further combating the activities of criminal organisations in this state.

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