New QLD VLAD legislation- not just about 'bikies'

[PhoenixSon]

Premier Campbell Newman and Attorney-General and Minister for Justice Jarrod Bleijie: Refrain from enacting any legislation that discriminates against motorcyclists.

Link is here,

http://www.change.org/en-AU/petitions/premier-campbell-newman-and-attorney-general-and-minister-for-justice-jarrod-bleijie-refrain-from-enacting-any-legislation-that-discriminates-against-motorcyclists?share_id=zfzlqvojQK&utm_campaign=share_button_mobile&utm_medium=facebook&utm_source=share_petition

knobhead campbell is getting a bit carried away if you think so to, click the link and add your signature and voice.

I think they need to look at police corruption on the goldcoast, but that wouldnt sell as many papers.

This is just an excuse to take more of peoples rights away, aussies should really be standing up for what's left of their limited rights in whatever avenues are available, we are way retarded in our people power compared to some other countries.

This not only effects people on two wheel's its an attack on EVERYONES rights!

Edited November 12, 2013 by PhoenixSon

[PhoenixSon]

Reached 3,000 signatures

[Darklight]

@Phoenix Son:

The petition is irrelevant. The legislation was passed last night.

There wasn't much time for the petition to be effective as it was started late last week and the draft was to be pushed through yesterday. Pushed through. Mr Newman said it would be thus

Dodgy#1: There were no copies of the proposed legislation available for comment or any kind of public consultation prior to the laws being put to QLD parliament. This is major legislation.

Dodgy#2: The definition of criminal organisation is now decided by QLD parliament, not the judiciary. There is now no burden of proof required, a few quick headlines in the Courier Mail and a night time session attended by sympathetic MPs is all that is needed. Any group can be declared a criminal organisation thus. No burden of proof

Dodgy#3: The laws around association just got weirder. For example, under law anyone can be an associate of a criminal organisation if they have attended an event organised by that organisation. For now it looks like attendees at things like MC Poker Runs are now declared associates. For the future, this could include Trade Union meetings or fundraisers if QLD parliament takes it in their heads to declare them criminal organisations after, say, a series of strikes.

Does anyone remember Joh?

Dodgy#4: You don't actually have to be a member or an associate of a declared organisation to be investigated for this. Someone, somewhere, in a QLD star chamber can accuse you of this, and you have no right of reply until you have to fight it in court. You may not even be aware you have been accused. In fact you probably won't know about it

Dodgy#5: The QLD police now have the power to pull any group of 3 or more motorcycle riders up and investigate their links to OMC ( list of declared criminal organisations was put up last night ). I've checked the legislation, and with my tiny brain can only so far see that they are only allowed to confirm your ID against their intel, and confirm you are indeed the person listed on your license and live at that address currently.

In practice, this is not happening. Over the last 2 weeks police have been stopping motorcycle groups of all kinds and asking lots of personal questions. I have no idea where this intel will go. And you are probably not required to answer such questions, I'm seeking clarification on this. But the chances of you getting a pat on the head and being allowed to ride off quickly are probably not going to be increased by what will be perceived as a failure to co-operate

Many of you will probably *not* be taking your solicitor with you on your group ride. So you will not have legal representation with you when pelted with personal questions at a roadside stop. Think about this before you answer any police questions

Dodgy#6: Thousands of QLD ppl have been criminalised overnight, without committing a single crime. Some won't know. In practice this can affect many daily situations including workplaces.

Dodgy#7: Extra sentencing and prison provisions have been put in place in QLD if you are a member or an associate of a declared criminal organisation. This will add at least an extra 15 years to your sentence. As I understand it, this portion of your sentence is not considered eligible for parole. This won't happen to priests or politicians or any member of the public, no matter how vicious the crime. Nor will they have their vehicles crushed, or sold, in the event of any conviction

There is a bunch of other dodgy stuff around this legislation which I'm slowly untangling. There may be things I've missed, I hope I haven't misinterpreted anything I've said so far

Don't like 'the bikies'? That's OK, the legislation is suitably broad and can encompass you any time the QLD parliament sees fit. Substitute 'drug takers' or 'greenies' or 'union members'. We all know about those people too, just ask the Murdoch Press. They're all the same druggies. you know how strong that pot is the kids inject these days is.

This is apparently driven by the situation on the Gold Coast. Other theories abound. But think of this- every group I can think of has individuals committing serious offences at some point. This should not be to the legal and social detriment of other members in that group. This distinction has been until now enshrined in law in QLD.

Oddly enough the media has remained largely silent on the more important aspects of the new legislation, the lack of consultation, the removal of judiciary oversight etc, preferring to resort to a quick grab of "Tough New Bikie Laws OMG IS THAT KIM KARDASHIAN LOOK AT THE CUPCAKE RECIPES OVER HERE! ".

I have totally lost any kind of sense of reality derived from journalism and now see all mass media as a convenient fiction for keeping us in the belief that we are all ok, or would be if we had more stuff. Like cupcakes. And Kim Kardashian, whoever she is

If you are riding to QLD in a group of three or more, or riding at all, please take extra water and sun protection maybe including a hat, and allow lots of extra time for multiple stops. It's practically summer. We don't want anyone getting heatstroke.

Stay calm. Know your rights on the answers you are legally compelled to provide, and be prepared for misunderstandings on both sides to escalate as these laws are new and operational police parameters for new shit are always dodgy and weird.

You are allowed to visually record any activities of a QLD police officer. If you have a Go-Pro, keep it on and stay in range. Upload ASAP. Try to have a witness present.

Edited October 16, 2013 by Darklight

[PhoenixSon]

^^^pooo!

thanks for the info will pass this on, mucho gracias

[Darklight]

The new laws which apply to a declared criminal organisation around it's members working for, owning etc a tattoo parlour are already considered being expanded in definition to include gyms, car yards and the security industry. The new laws are less than a day old. I'm quoting the QLD Attorney-General

From http://www.abc.net.au/news/2013-10-16/qlds-tough-anti-bikie-laws-passed-after-marathon-parliament-/5025242

Mr Bleijie says the rules for the tattoo trade could be expanded to other industries.

"For the likes of the security industry, for the likes of the second-hand motor dealers industry, for the likes of the gym industry," he said.

[Distracted]

In SA

Over a year ago a friend of mine was riding his shitty korean hyosung and happened to end up following a group of bikies, certainly not riding with them but he was the very next person behind them. An officer saw them and pulled them over, as well as my friend and got all their details down. The officer wouldn't listen to reason that my friend had no fucking idea who these people were and is now a registered 'associate' of that gang, whoever it was.

Awesome job guys.

[waterboy 2.0]

I've got to say this is the fckn most archaic legislation I have seen pushed through in my lifetime....

Hey we are running out of money down here, shit we will just fire up the old Port Arthur convict site up again.

[etherealdrifter]

and Katherine wants a slice of your cabbage industry

[C_T]

ty for the excellent info darklight!

i only own motorcycles so this is very relavent to me, cheers!

[Sallubrious]

This is one of those cases where a few fuck it up for everyone.

I really can't decide how I feel about this, on one hand you have the majority that consists of innocent citizens. On the other hand Australias MC clubs are going through some serious restructuring and it won't be long before they start to really flex their muscle and get dangerous.

The Finks MC has just re-badged and now falls under the US controlled Mongols MC. Some are suggesting that the Mongols are or soon will be Australias biggest MC. In the US they are causing some real problems for law enforcement and anyone else that gets in their way. Other US clubs are starting to move in for their share too.

When they start to flex their muscle we're going to see some serious carnage, it will make the Comancheros and Banditos battles look like a couple of groups of angry teenagers.

I really think legislation needs to be passed urgently but not this type of hasty blanket control. They way they push it all through is changing the country into a fascist state that there will be no hope of reversing without a war.

Edited October 17, 2013 by Sally

[Heretic]

I used to live in rural NT on a 20 acre property , and on one side had hard - core patch wearing bikers living next door .

They used to party hard at times , but otherwise caused me no hassles whatsoever ; unlike the thieving scum children of my other very wealthy neighbors who eventually caused me to sell up and move away because of the constant and relentless thieving , to get something to hock for money to score ...but I was an easy target , and they knew when I was'nt at home - I worked for their Daddy .....

As far as I am concerned , I would prefer OMCG bikers to rich folks for neighbors any day ....

[PhoenixSon]

I dont know anything about 1%'s but i believe police corruption is mirrored directly onto the streets, then they pass these laws and take away whatever retarded rights the public has left and it's not fair that innocent people must pay for someone else's problems right.

I also think its crazy to say they cant wear their colors as at least they stand out and people can stay away. Now as Sally said they are just going to go more undercover and change tactics. Like out of sight is out of mind.Which is kinda true if they are going to have a fight they should fuckoff somewhere quiet and at least be polite about it, not fighting in front of families.

I still feel aus is a convict country, we really need to stand up for our rights, would help if we had a bill of rights!

Time for a riot and protest, time for a generation to grow some balls and thumbs and have a fucking revolution

[Foo]

Phoenix ...

A bill of rights has not been proven to uphold any core rights. Look at the US, Obama is reading your email, but at least you have a gun for when the king of England comes back ....

Also, lumping police corruption to legislation passed is dumb. Ive said this before and i will say it again. Do you think that if the head cop of any state decided that drugs aren't bad afterall that weed would be legal? Point being that the police are servants, it is our elected officials that pass laws.

OMCG's i dont care for. They peddle harmful drugs etc and promote a culture of violence. While i dont agree with your states new legislation you should have a look at what happened to similar legislation in other states.

[PhoenixSon]

cops should be able to conscientious object, and i bet you some of them do. When they come across small amounts i bet they look the other way. Weed may not be legalized but if more cops objected to chasing old nannies smoking pot and skaters having a joint then, it may become more common for cops to look the other way.

Your comment about police corruption is a bit strange by police corruption i mean cops diverting drugs and being invoked in proper organized crime and selling weapons etc. Not about some senior staff that thinks drugs aren't that bad.

can you please enlighten me on what happened to similar legislation in other states?

anyhow i dont really care about motorbikes, i care about our rights and keeping them protected

[space cadet swami]

This is a sign of what is/could potentially happen with our newly elected federal govt.

When you choose to elect a party over the presiding govt, thinking that change is better then leaving it as it is, you take the risk of the change not necessarily being the type of change that you wanted.

Change isn't necessarily always for the better...as I'm sure the govt employees who were layed off as soon as Newman came into power would attest to.

The problem is the fools that put themselves forward for consideration to become our leaders are exactly that....FOOLS.

Tools for manipulation, via big business. The power needs to be taken away from big business & given back to the individual....where it belongs.

MC's are nothing but petty criminals in comparison to big business.

Edited October 19, 2013 by space cadet swami

[Heretic]

Several posts above referring to police corruption ...

A couple of examples come to mind immediately [ and there are many , many more ....] ; and why prohibition is an exercise in futility ....

[ 1 ] Barry Moyse - once head of the SA drug squad , and the creator of the Operation NOAH farce : convicted of recycling drugs seized in raids , inc heroin , amphetamines , cocaine , and cannabis ...[ bastard got off lightly with 8 years , if my memory serves ]

[ 2 ] Mark Standen - Assistant Director of NSW Crime Commission , quite recently convicted of a huge importation of amphetamine precursor - as I recall , he received a long sentence , 22 years or so ...

THESE GUYS WERE THE HEAD MEN OF THEIR RESPECTIVE DRUG UNITS !!!

They were motivated by personal greed , and in no way were corrupted by OMCGs - [ who imo are in no way desirable , but the OMCGs are presently copping a huge amount of publicity for what is in reality only small fraction of the drug trafficking in Australia ; while elsewhere it is business as usual ...]

As for cops of lesser rank that have been convicted of serious corruption , the list is huge ....

Clearly prohibition is not only an exercise in futility , it also demonstrates that our most trusted law enforcement officials can an do succumb to temptation of greed , because of the vast sums of money generated by prohibiting what are otherwise virtually worthless commodities ...

Edited October 19, 2013 by Heretic

[Foo]

Key parts of anti-association laws in other states have been made "invalid". Some states haven't even used the legislation

http://www.aic.gov.au/publications/current%20series/rip/1-10/02.html

[Darklight]

Eatfoo that is a really interesting link.

If you have a look at it it is an Australian Institute of Criminology webpage dedicated to outlaw motorcycle clubs specifically, rather than outlining how the laws ( which I am assuming are drawn up to apply to all ppl in Australia ) affect us as a general population.

If they put up a page on a gov.au website about how the laws relate to any other recreational or interest group they'd look dodgier, bikies are the big scary right now. We've already had communists and terrorists.

I'd find it much more neutral if the page was descriptive of the laws and processes used to determine criminality of organisations and individuals generally. This just looks fucking sinister and underhanded, but it's part of a much wider process

This page gives an excellent overview of the current situation in QLD and is worth a read

http://independentaustralia.net/politics/politics-display/queensland-lnp-trashes-democracy-and-rights,5848

Also note that a QLD chapter of the Vietnam Veterans club was targeted last week with a group of 20 police officers attending- the club is not on the list of illegal organisations

http://www.brisbanetimes.com.au/queensland/police-target-recreational-motorcycle-club-20131031-2wi90.html

The ramifications of this legislation are not confined to motorcyclists. In theory they are applicable to any organisation, from football clubs to professional bodies etc. This is an excerpt from the document " Are you a Vicious Lawless Associate " written by barrister Anna Cappellano

If it's tl:dr, if you're charged, under this legislation the onus is on the defendant to prove that the organisation of which they are ( alleged ) to be a member does not have the purpose of criminal activity. This reverses the burden of proof. And can include the members or representatives of that club having made previous statements in public or on Facebook as proof of the same criminality. FFS. Any organisation.

Is this legislation just in time for the Brisbane G20? The next Greenpeace direct action?

Here are some practical examples of how the Act may apply in relatively minor situations.



Example 1

John Smith is a member of the Yeronga Bulls Rugby Union Club. After losing the elimination final to the Sherwood Falcons, John and his teammates head to the RE hotel for their official end-of-season function. A number of the members of the Sherwood Falcons are also having (celebratory) drinks at the RE. During the course of the evening an argument breaks out between the two groups about the afternoon’s game. The argument turns physical and John is arrested for the offence of affray. John is an engineering student, with no criminal history. He pleads guilty in Brisbane Magistrates Court and receives a $1,500 fine with no conviction recorded. Unfortunately for John, the VLAD act is enlivened. His football club is a relevant association and he has committed the declared offence of affray while participating in the teams affairs at their official function. Unless he can prove otherwise, he is a vicious lawful associate and will be required to serve 15 years in prison.



As mentioned previously, a natural reaction perhaps is to assume that John wouldn’t have a problem, as engaging in fights in public is not likely to be regarded to be one of the purposes of the Yeronga Bulls Reserves. But the Prosecution do not have to prove that it is. It is up to John to prove that this is not the case. Imagine then that John or any of his teammates had been involved in an altercation after a game on a previous occasion or that there had been any vaguely threatening text messages or face-book updates (from any of the team-mates) concerning the Sherwood Falcons or any other teams. In those circumstances, there is a real prospect that John would be not be able to prove that he isn’t a vicious lawless associate, and accordingly the judge or magistrate would have no choice but to sentence John to 15 years imprisonment in addition to the fine. If John happened to also be a treasurer of the club, he would be spend the next 25 years in jail.



Example 2

Daniel Jones is a member of the Northern Suburbs Commodore Car Enthusiasts Club. Daniel engages in online forums on the organisation’s website and displays his car at the regular show and shine events. On one Thursday evening, during the show and shine, Daniel gets in his car and performs a burnout on the road. He is seen by a passing police patrol and followed. Daniel attempts to evade the police for a short period of time during which he speeds. After being overtaken by the police vehicle he pulls over and is charged and pleads guilty to the offence of dangerous operation of a motor vehicle. He is sentenced to a 6 month wholly suspended sentence in the District Court but because the offence was committed while he was participating in the affairs of the car club, unless he can prove otherwise he will be regarded as a vicious lawless associate and spend the next 15 or 25 in prison. Again, if the police had previously been required to shut down show and shine events due to street racing or there were posts on the online forums in which burnouts, racing or other dangerous racing were boasted about, Daniel may have difficulty proving that dangerous driving was not a purpose of the club and will automatically spend 15 to 25 years in custody.



Concluding thoughts

The government has sold the VLAD Act to the public as a highly targeted piece of legislation, designed to disrupt and dismantle the illegal activities of outlaw motorcycle clubs. As the examples given in this article show, this is clearly not the case[6]. The incredibly broad drafting of the legislation and the fact that the onus of proof is on the defendant to prove that the association does not purposefully conduct illegal activities means that the act will apply in a whole host of circumstances which were never envisaged by the government, and individuals, who are by and large law abiding citizens, could find themselves behind bars for up to twenty-five years as a result of committing relatively minor offences.



The public debate on this issue has been largely been characterized by unhelpful name calling and hyperbole and amidst all this noise much of the real import of the legislation seems to have been glossed over. One thing that both sides would agree on, however, is that the legislation marks a significant change to Queensland’s legal landscape. That being the case, it is vitally important that the public is made aware of the ramifications of the new laws, so that it can engage in a considered and fully informed debate on the issue.



[1] The Tattoo Parlours Act 2013 and the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 are the other pieces of anti-bikie legislation.

[2] Section 7(1)( of VLAD.

[3] Section 7(1)© of VLAD.

[4] Section 5 of VLAD.

[5] That is, assault occasioning bodily harm. Bodily harm means any bodily injury that interferes with health or comfort.

[6] The writer does not wish to suggest that if the effect of the legislation was confined to the government’s purported target then it would necessarily be either effective or worthwhile. There are significant problems with legislation that seeks to target a particular group in the community, be they outlaw motorcycle clubs or otherwise, and which mandates disproportionately severe sentences for members of these groups. That is, however, a topic for another article. This article seeks only to outline how the new legislation fails to confine itself to those groups specifically targeted by the government and the danger which this failure poses the entire community.

Edited October 31, 2013 by Darklight

[Darklight]

Today's quota of stupid is overfull

Now the QLD govt is suggesting motorcyclists riding in groups of three or more should register either by phone or online every time they want to go for a ride. This will allegedly stop them being harassed by police

No details as to the contact number, or the details required of the riding group have been released yet

Is almost fucken funny. Have you ever been on a road trip that went to plan? "Hi officer, um sorry, please scrap the fourth rider, that's right, the chick on the ducati, she won't be with us on the Longreach leg, she picked up a root at the pub last night and she'll catch up with us Thursday. The bloke on the gixxer, that's G-S-X-R, that's right sir, he's feeling much better thank you, he did have a little spew in his helmet before we left this morning but we're absolutely confident there is no alcohol in his bloodstream anymore. Most of it is on the floor in the mens room mixed with chopped carrots"

Seriously, here is the link to the story:

http://www.skynews.com.au/national/article.aspx?id=920339

The government's always conceded innocents would have to put up with some inconvenience as more people are pulled over and questioned as part of enforcement operations targeting outlaw gangs.

Deputy Police Commissioner Brett Pointing says many of his officers have a good knowledge of the bad guys but a limited knowledge of legitimate clubs.

They'll now be able to register their rides to avoid interceptions.

'That will go a long way to solving the misunderstandings we've seen,' Mr Pointing said.

'The last month has been extremely intense, but today was a watershed moment for us.'

Eva Cripps, from the Australian Motorcycle Council, says they've had numerous reports of riders being pulled over and harassed.

FWIW Eva Cripps is a goddess

[bℓσωηG]

 

[C_T]

they fast tracked the new legislation so much it was passed with an error

says max 1yr penalty for violent offences instead of minimum

[ThunderIdeal]

 

i wonder what clive is on about RE dirt on newman's government

[Darklight]

Clive won't need to dish the dirt. There is already dirt. The dirt is the stuff they've done to the QLD people. Most of whom have rolled over and gone back to sleep

Last night the tissue thin wall that is the separation of powers between the judiciary, legislators and constabulary just got that bit thinner

Anyone charged with any crime who is an alleged member of a proscribed association ( I'm waiting on clarification on this ) ( right now it's 'the bikies' and presumably associates ) will have their bail application heard by the QLD chief magistrate. Not the magistrate who is hearing the charges.

There is only one chief magistrate in QLD. A huge backlog will be created. Contested bail applications outside Brisbane will need to be heard by videolink

http://www.couriermail.com.au/news/queensland/all-bikie-bail-decisions-usually-made-by-individual-judges-now-rest-with-states-chief-magistrate-tim-carmody/story-fnihsrf2-1226753074467

The extraordinary decree by Judge Carmody will enrage members of the Queensland magistracy who will see the decision from the recently-appointed chief magistrate as a slight on their professionalism.

That's the Courier Mail talking it down. I don't think they'll just see it as a slight on their professionalism, I think they'll be outraged at the compromise of the independence of the judiciary. Fuck I hope so

[Darklight]

The cops in QLD are no longer required to wear name badges. They can now apply to wear only rank and number badges, making identification harder

http://www.news.com.au/national/queensland/queensland-police-officers-allowed-to-ditch-name-badges-ahead-of-g20-summit/story-fnii5v6w-1226754578580

Instead of their names, all sworn police can now apply to wear just their rank and employment number on their shirts so they can still be identified.

The move means the public will not be able to identify police by name at any event or incident where officers are present.

[gtarman]

^^ I thought that was pretty much standard anyway, not really a big deal. Security guards and bouncers have been doing it for decades.

I thought it would be cool if somebody organized a "ride against rights violations" or something...get everyone who rides a motorbike out there in protest. I might if I had a the time, and a bike, and I thought it would actually make a difference.