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Greens to Liberals on bikie laws: YAAAH BOOO SUCKS!

By johnboy - 24 June 2011 27

The Greens’ Shane Rattenbury is taking considerable pleasure in telling the Canberra Liberals “Told you so!” after the High Court of Australia threw out the NSW anti-bikie laws.

“In 2009 the Canberra Liberals argued strongly for the need for laws similar to those in NSW to be adopted in the ACT. They argued the Government needed the power to declare organisations to be criminal gangs and to ban their members from meeting” Mr Rattenbury said.

“The ACT has dodged a bullet because if we had gone down the same path as NSW, we would have ended up in the same situation where the High Court struck down our laws.

“The Greens were wary of such an approach and were concerned that it created guilt by association and was an attack on freedom of association.

“This ruling from the High Court vindicates the more considered approach adopted in the ACT.

“What the judgement says is that you cannot give judges the power to declare, without reasons, an organisation to be a criminal gang. That was held to be repugnant to the concept of judicial power because it conferred a non judicial function on the courts.” Shane Rattenbury said.

Six of the seven High Court judges ruled the NSW laws were repugnant to the concept of judicial independence under the Australian Constitution.

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27 Responses to
Greens to Liberals on bikie laws: YAAAH BOOO SUCKS!
ImagineThat 7:45 pm 24 Jun 11

The Frots said :

Waiting For Godot said :

… It is not an exaggeration to say that such laws could have easily be extended to cover other unpopular minority groups such as gays and Muslims.

This is a great decision for freedom and liberty. Just because you don’t like certain people doesn’t mean you can bring in laws against them.

Do you really think that ‘gays’ or ‘muslims’ would be outlawed……………………….I mean, really??? The ‘spirit’ of the legislation was simple – to combat OMCG’s and their illegal activities.

I think there is an inherent danger in ‘opening the door’. Even though sensible people might today reasonably believe certain things are not in the ‘spirit’ of a piece of legislation, is that protection enough? Say in 10 years the people with the power to enforce the legislation don’t recall what the ‘spiriit’ of the legislation was way back in the teens when it was enacted it, then what?

Because I am a gay, muslim who rides my motorbike to tennis, should I be worried? (Tongue in cheek, people!)

Tthere are already laws in place to cover criminal activity. Perhaps we need more effort to enforce existing criminal law rather than introducing new ones which won’t adequately protect the innocent.

The Frots 7:27 pm 24 Jun 11

Thoroughly Smashed said :

The Frots said :

Just using it as an example. As far as I know, tennis is still legal.

Perhaps a more convincing example would have lent more weight to what you were saying?

Well, perhaps……………………………………

Pork Hunt 7:24 pm 24 Jun 11

Totally agree with Waiting For Godot.

There are enough laws in this country already to deal with any threat from any criminal organisation at the moment.

In fact the current laws we have should be able to deal with any aspect of our daily lives.

New technology from time to time will require amendments or additions to existing laws. Examples from the past include computer crime or mobile phone cameras in change rooms etc….

Thoroughly Smashed 4:57 pm 24 Jun 11

The Frots said :

Just using it as an example. As far as I know, tennis is still legal.

Perhaps a more convincing example would have lent more weight to what you were saying?

The Frots 4:45 pm 24 Jun 11

aceofspades said :

Sean said :

“In the meantime of course, do the Greens have a solution to the issue………………???”

What issue?

The issue that Outlaw Motor Cycle Gangs consider themselves above the law and continue to break it in order to terrorise the community for benefit to only themselves with little or no reprimand.

Thank God – I thought it was just me for a second!!

Mysteryman 4:01 pm 24 Jun 11

That made more sense in my brain 🙁 I blame lack of sleep.

The Frots 3:47 pm 24 Jun 11

Waiting For Godot said :

The NSW legislation was a knee-jerk reaction following the Sydney Airport killing, egged on by The Daily Telegraph. It was modelled on similar South Australian laws written up by the attorney-general in that state who also held out against liberalising the censorship laws relating to computer games.

The anti-bikie laws were never going to stand up to serious legal or moral scrutiny. They attempted to stop a minority group associating with their peers. It is not an exaggeration to say that such laws could have easily be extended to cover other unpopular minority groups such as gays and Muslims.

This is a great decision for freedom and liberty. Just because you don’t like certain people doesn’t mean you can bring in laws against them.

Do you really think that ‘gays’ or ‘muslims’ would be outlawed……………………….I mean, really??? The ‘spirit’ of the legislation was simple – to combat OMCG’s and their illegal activities.

Mysteryman 3:46 pm 24 Jun 11

I’m very glad that the greens are taking the time to make statements about situations that didn’t occur years ago. Perhaps they could also find time to comment on the Illuminati, and the faking of the moon landing.

The Frots 3:45 pm 24 Jun 11

Sean said :

“In the meantime of course, do the Greens have a solution to the issue………………???”

What issue?

Okay – perhaps I have missed something?

The Frots 3:44 pm 24 Jun 11

Thoroughly Smashed said :

The Frots said :

It was never designed to make the local tennis game on a Saturday an ‘Outlaw’ meeting as perhaps the Greens would want you to believe. But some law will come into place to combat the OMCG issue once the drafters have gone back to the table.

Perhaps next time the law won’t be unlawful itself?

It doesn’t look like Rattenbury said anything about tennis, so I’m not sure how you think he’d have you believe that.

Just using it as an example. As far as I know, tennis is still legal.

aceofspades 3:36 pm 24 Jun 11

Sean said :

“In the meantime of course, do the Greens have a solution to the issue………………???”

What issue?

The issue that Outlaw Motor Cycle Gangs consider themselves above the law and continue to break it in order to terrorise the community for benefit to only themselves with little or no reprimand.

Thoroughly Smashed 3:33 pm 24 Jun 11

The Frots said :

It was never designed to make the local tennis game on a Saturday an ‘Outlaw’ meeting as perhaps the Greens would want you to believe. But some law will come into place to combat the OMCG issue once the drafters have gone back to the table.

Perhaps next time the law won’t be unlawful itself?

It doesn’t look like Rattenbury said anything about tennis, so I’m not sure how you think he’d have you believe that.

Waiting For Godot 3:32 pm 24 Jun 11

The NSW legislation was a knee-jerk reaction following the Sydney Airport killing, egged on by The Daily Telegraph. It was modelled on similar South Australian laws written up by the attorney-general in that state who also held out against liberalising the censorship laws relating to computer games.

The anti-bikie laws were never going to stand up to serious legal or moral scrutiny. They attempted to stop a minority group associating with their peers. It is not an exaggeration to say that such laws could have easily be extended to cover other unpopular minority groups such as gays and Muslims.

This is a great decision for freedom and liberty. Just because you don’t like certain people doesn’t mean you can bring in laws against them.

Sean 3:27 pm 24 Jun 11

“In the meantime of course, do the Greens have a solution to the issue………………???”

What issue?

The Frots 3:17 pm 24 Jun 11

Go the Greens…………………………………..no, wait, I’m only kidding.

I think that the Greens may be missing the concept of the legislation. I can see why NSW tried it, and I would have done the same. In other words, based on what it was designed, for, it was worth a run.

It was never designed to make the local tennis game on a Saturday an ‘Outlaw’ meeting as perhaps the Greens would want you to believe. But some law will come into place to combat the OMCG issue once the drafters have gone back to the table.

In the meantime of course, do the Greens have a solution to the issue………………???

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