South Australia to revamp anti-bikie gang laws

As reported in ABC News, the South Australian Government has released plans to amend its serious and organised crime laws to avoid any further constitutional challenge and bring them in line with interstate laws that have been approved by the High Court.

Last year the Queensland anti-bikie legislation was unsuccessfully challenged in the High Court, leading the way for other jurisdictions to roll out similar laws to tackle the issue.

Attorney-General John Rau said the changes would make clear that police have the right to apply to the Supreme Court to declare a group as a criminal organisation, instead of taking a case to an 'eligible judge'. Mr Rau said other anticipated amendments would confirm that police may use undercover operations to investigate unexplained wealth.

Last year the Finks Motorcycle Club unsuccessfully challenged a clause in the relevant Queensland legislation allowing Police to keep certain evidence, described as ‘criminal intelligence,’ suppressed.

The High Court later ruled in Assistant Commissioner Michael James Condon v Pompano Pty Ltd [2013] HCA 7 (14 March 2013) that the Supreme Court remains able to act fairly and impartially in keeping some criminal intelligence from respondents albeit with strict limitations on how much criminal intelligence is allowed to be concealed from the accused.

The changes are expected to be taken the Parliament immediately.

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