Australia: Labor governments vow to retain “bikie laws” despite High Court ruling

By Robert Morgan
5 January 2011

Australian Labor governments, federal and state, have declared they will maintain legislation giving them sweeping powers to outlaw any “criminal organisation,” despite a High Court decision in November that ruled an aspect of South Australia’s laws unconstitutional. In the Totani case, a 6-1 majority on Australia’s highest court overturned a provision of the South Australian Serious and Organised Crime (Control) Act 2008—universally mis-described in the mass media as “anti-bikie” legislation.

Premier Mike Rann responded defiantly to the ruling, pledging to quickly introduce new legislation to overcome its impact. The Australian Broadcasting Corporation reported the South Australian (SA) premier as saying, “My advice to the bikies is: if you celebrate now, wait and see what we’re doing next.”

In reality, the legislation, like its counterparts in other states, makes no reference to “bikies”, “motorcycle gangs” or any related group. The laws can be used against any organisation—including a political one—alleged to be involved in “serious criminal activity”, and their effect is to extend the scaffolding for a police state that has been erected over the past decade by both Liberal and Labor governments, under the pretext of the “war on terror”. The legislation incorporates key features of the anti-terrorism laws, including the executive banning of organisations, use of secret evidence and “control orders”.
http://www.wsws.org/articles/2011/jan2011/gang-j05.shtml