Elizabeth Lee, MLA introduced the Crimes (Anti-consorting) Amendment Bill 2024 on Tuesday. Photo: Michelle Kroll.
Canberra Liberals leader Elizabeth Lee has introduced a new bill to the Legislative Assembly this week which would give police more powers to prevent organised crime syndicates such as outlaw motorcycle gangs from meeting in the capital.
Ms Lee said recent allegations of criminal infiltration of the Construction, Forestry and Maritime Employees Union (CFMEU) underlined the need for her Crimes (Anti-consorting) Amendment Bill 2024.
“Alarmingly, we have seen unions in the ACT push for even more power over ACT Government procurement and the appointment of senior public servants. So it follows that Canberrans have every right to question whether the same type of behaviour is happening in the ACT,” she said.
The Canberra Liberals tried to bring in similar reforms in 2019, but were voted down by the ACT Government.
Ms Lee said the ACT was the only state or territory in Australia that didn’t have an anti-consorting law.
“In the past the Canberra Liberals have raised serious concerns about the ACT not being aligned with other jurisdictions, particularly NSW, by having anti-consorting laws,” she said.
“Back in 2019 the Canberra Liberals stated that without similar laws to other jurisdictions, the ACT will inevitably see an increase in the number of outlaw motorcycle gangs operating in the ACT – and that is exactly what we have seen.
“The former chief police officer also warned that the presence of four different gangs in the ACT was concerning, raising the possibility of increased violence should these gangs start a turf war in the ACT.”
The Australian Federal Police Association (AFPA), which has backed the proposed new law, claimed the ACT had become a meeting location for organised crime syndicates such as outlaw motorcycle gangs (OMCGs).
“The ACT is Australia’s only jurisdiction that does not have a combination of anti-consorting laws, banning of wearing colours or firearm prohibition orders which is ridiculous given the threat that organised crime, including OMCGs, bring to the community,” AFPA president Alex Caruana said.
“Anti-consorting laws work well when used alongside targeted and intelligence-led policing methodology. If it didn’t work, we wouldn’t see OMCGs congregate in the ACT like they currently do. The ACT is the only jurisdiction on the east coast of Australia that allows large groups of OMCGs to gather,” Mr Caruana said.
Australian Federal Police Association president Alex Caruana supports the proposed new law to prevent organised crime syndicates such as outlaw motorcycle gangs from meeting. Photo: Albert McKnight.
The operation of anti-consorting laws in NSW has attracted some controversy.
A 2023 review by oversight body the Law Enforcement Conduct Commission raised concerns about the “overrepresentation of Aboriginal people in the use of the consorting law” and police targeting “activity that does not fit the definition of ‘coordinated serious criminal activity’”.
Lawyer representative body the ACT Law Society opposed the Liberals anti-consorting laws when they were introduced in 2019.
“Such laws are a disproportionate response to a perceived threat, and are inconsistent with basic human rights principles,” Law Society president Chris Donohue said at the time. “This type of law is also open to misuse, and serves to further marginalise vulnerable and disadvantaged members of our community.
“The ACT’s existing laws already provide police with effective tools to fight serious and organised crime. Where anti-consorting laws have been introduced in other jurisdictions, they have proven to be largely ineffective.”
Under the new Liberals bill, a person caught consorting could face up to three years in jail. The bill may be debated in the Legislative Assembly next week.
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