Damon Locantro has made a name for himself on the Sunshine Coast defending people charged with breaking the law. His practice, Locantro Lawyers, specialises in criminal defence but also offers services to those facing action by a government department. Damon has 15 years experience in criminal law and was formerly a NSW prosecutor and member of the NSW Police Service. Biker club bans: is this the road to less freedom?
| Damon Locantro
New laws in South Australia banning motorcycle clubs and giving police the power to confiscate members' cycles take away fundamental rights that we all enjoy.
We should all be able to choose who our friends are, who we associate with, what sort of club we choose to form and what sort of motorcycle we choose to ride.
The laws are based on a stigma that these clubs might never be able to shake.
The first is that governments label them outlaw motorcycle gangs: a colourful term that conjures up all sorts of images.
The motorcycle clubs call themselves just that: motorcycle clubs.
The second is the notion they are involved in organised crime.
Maybe some members do get into trouble from time to time but the laws that we already have do apply.
In my opinion the governments may suspect organised crime but they lack the evidence to prove it.
The obvious answer is to enact a law that just shuts down the club.
The price of shutting down the club is too high.
I think it is time we create a Bill of Rights or amend our constitution to include our fundamental rights.
That might stop state governments slowly taking them away.
What do you think?
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Recent Comments
Damon I think you would like the graphic novel V FOR VENDETTA
However, it is good that police have the right to take away their bikes if caught in illegal activity- Just as they should be able to take cars from people caught DUI or with illegal modifications to them.
You should drop the word "maybe" from this sentence: "Maybe some members do get into trouble from time to time..."
We don't want to tar all with the same brush but we should be realistic about it.
Ban people from engaging in group activities.
Fire Santa in Cairns for doing Santa-like things.
Then the State government wastes our good money coming up with idiotic laws like making it illegal to come within 10 metres of a crocodile?
Why, why, why are people employed in positions of power to perpetuate this superfluous nonsense?!!
When last was a law passed that actually held a tangible benefit to the community, rather than entangling us in further technicalities, creating revenue for the government and/or treating us more and more like stupid children that need a reprimand?
The facts are just as I have presented them and are based on the speeches in Hansard. The S.A Government powers are more powerful than you think. Here is an extract of what the Premier said;
"The Attorney-General can declare a criminal bikie gang an outlaw organisation. Police will be able to seek control orders from a magistrate prohibiting members of declared organisations and others who engage in serious criminal activity from associating or communicating with one another and attending premises such as gang clubrooms. Police will be able to prohibit members of a bikie gang from attending a place, event or area where this would pose a serious threat to the public. The old law of consorting will be replaced with a new law of criminal association that prohibits telephone calls as well as meetings in the flesh."
The intention is that motorcycle clubs registered as associations can be labelled outlaw. The Attorney-General will be able to label any motorcycle gang, presumably by regulation. They want to be able to just bust up the clubs. The extent of the powers is reflected in another comment by the Premier;
"These are the toughest anti-outlaw bikie gang laws that we can find anywhere in the world where these gangs operate."
Why are they the toughest? Maybe because every other country values the rights and freedoms of their citizens over and above enacting & then boasting about having the toughest laws.
Damon
http://www.legislation.qld.gov.au/Bills/...
Let me know if you have problems getting access.
Damon
I am currently the Treasurer for Southern Cross Widebay,as well as Southern Cross National PR Officer. One of our concerns with the erosion of biker rights, is how this will eventually impact on our members, and our ability to raise much needed monies for disabled children. For those who are not aware Southern Cross Association was formed a number of years back to raise money for children with Spina Bifida and assist with other charities. While our committee members must obtain blue cards it is a concern with the erosion of bikers rights that at some stage it would be illegal for our members to wear their association shirts. While some may laugh at this concept it is something that is very real. Yes we would have members that are not angels, however we are there for the good of the community, as well as the social interaction. Our Christmas Party last weekend was an example where plain clothes police observed our festivities, waste of tax payer monies? I think so considering half those in attendance were the children of our members, one of which was my daughter. I believe that should someone break the law, then let the law deal with nit. Not apply a seperate law just because one choses two wheels instead of four. In my opinion this is nothing short of discrimmination, something our politicians are suppose to protect us from. I am not sure how many bikers we have in Australia however one thing our law makers need to be aware of is that there are a lot of us, and we DO VOTE! Thankyou.