This legislation that was passed in Queensland and now is spreading around Australia ostensibly targets "criminal" bikie gangs but in fact allows the state to declare ANY organisation of three or more people a criminal organisation and put them away in prison without having committed any crime other than having associated in a "criminal association".
This comes to the fore because of the case of New Zealand detainees on Christmas Island and now this headlines from today's NZ Herald:
A Kiwi war hero is being held at a high-security prison across the Tasman - despite not committing a crime.
Former Lance Corporal Ngati Kanohi Te Eke Haapu, known as Ko Rutene, had his visa revoked on the grounds he was a member of a motorcycle club.
He has had his visa revoked because he is a member of the Rebels motorcycle club.
Mr Rutene has fallen foul of Australia's anti-gang laws and was taken to Casuarina prison in Perth last month.
Here is a definition of the Queensland Act from Wikipedia:
Vicious
Lawless Association Disestablishment Act 2013 is
an act of the Parliament
of Queensland to
"severely punish members of criminal
organisations that
commit serious offences". The act was passed on 16 October 2013,
and went into effect immediately.[1] The
relevant Minister is required to review the Act after 3 years.
The
Act applies to legal organisations and "any other group of 3 or
more persons by whatever name called, whether associated formally or
informally and whether the group is legal or illegal." Similarly
it defines office
bearer of
the organisation to allow for informal roles, with the defendant
required to prove that they are not an office bearer.
The
Act declares a person to be a "vicious lawless associate"
if they commit a serious offence "for the purposes of, or in the
course of participating in the affairs of, the relevant association".
It is incumbent on the defendant to prove that the association is "an
association whose members do not have as their purpose" the
serious offences listed in the Act.
If
a person is declared to be a "vicious lawless associate",
this Act mandates a further 15 years imprisonment on top of the
sentence for the crime for members of the organisation, and 25 years
imprisonment for office bearers of the organisation
Here, first of all, is some discussion by conventional media including an article from the Guardian
Proposed laws to declare
27 motorcycle gangs in South Australia as criminal organisations are
similar to Commonwealth measures targeting terrorist groups like Al
Qaeda and Jemaah Islamiyah, the state's Attorney-General says.
- 4 June, 2015
There
is no proof that ‘severe and disproportionate’ anti-association
laws help to eradicate organised crime, University of Queensland
researcher says
The
spread of anti-terrorism-style laws through Australia’s criminal
justice system is conditioning the public to accept “severe and
disproportionate” losses of civil liberties, a legal academic has
warned.
South
Australia has drafted laws that would permanently tag members of
motorcycle gangs as “criminal organisation participants”, leaving
them facing the lifetime risk of jail for associating with others
even if they had quit a gang.
The
measures were introduced despite the South Australian government’s
blueprint being under review in Queensland, where its Labor
counterpart has a taskforce to recommend ways to repeal or replace
gang laws once touted as the world’s toughest.
University
of Queensland’s Rebecca Ananian-Welsh said it was the latest
example of “extreme measures” adopted from terrorism legislation
under the same rhetoric but without proof that they helped eradicate
organised crime.
Ananian-Welsh
and the University of NSW professor George Williams in a recent study
(pdf) traced the “creep” of federal anti-terrorism laws,
including the use of control orders, secret evidence, crimes of
association and a shift in the burden of proof, into state criminal
laws.
They
argued the Australian experience offered a “cautionary tale” to
other countries, with high court judges unable to act on concerns in
the absence of “constitutional protections for human rights or due
process”.
Ananian-Welsh
told Guardian Australia the South Australian bill had gone a step
further than the Queensland laws by permanently eroding the rights of
anyone who even tried to join a bikie gang.
It is hard to imagine how this man, a recreational biker and Vietnam vet could be construed as an Enemy of the State.
Please listen to what he has to say.
Please listen to what he has to say.
Vietnam Vet R. Saunders Advice & warning to Qld Government
More discussion of the issue
Queensland's
VLAD laws expanding interstate?
This is a statement by activist and radio host Peter Igan challenging the Attorney General of Queensland to show just cause for the VLAD legislation.
Jarrod
Bleijie - Public Demand to Show Cause
Coincidentally, as if to demonstrate what Australia has become Peter Igan was attacked by a pro-Israeli activist. I bet this won't make the conventional Australian media!
Political
activist Max Igan was physically assaulted in Australia after
delivering a pro-Palestinian speech in public, the victim told Radio
Sputnik in an exclusive interview.
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