What are the “Anti-Bikie” Laws All About?

While the home page of this website declares that I will, among other topics, talk about motorcycles, I haven’t, as of yet, actually wrote anything about motorcycles or motorcycling. There is a very good reason for this; namely, that I belong to a motorcycle club, of the sort that the Australian police and government and media would call a “gang”. In my case, however, I belong to a Christian motorcycle club called Brotherhood CMC.

If you live in Australia, you will know that, last year, a fight broke out between members of two motorcycle clubs at the main airport in Sydney.  During that very public fight, one of the assailants died.  A very regretable thing indeed.  If you paid really close attention to the news, you will alsoknow that, a month before the fight at the airport, a member of one club was ‘knee-capped’ (i.e. shot in the knee) by members of another club at my club’s annual motorcycle show at Silverwater (in Sydney).

So, it seems, I hang-out with some hard men.
In actual fact, these incidents are not nearly as common as you think.  Sure, the stereotypical image of a ‘bad-ass’ biker is one of being rough and tough, but, in my experience, they are just regular blokes who enjoy the ‘bad-ass’ image, but, more importantly, like to ride big bikes hard and hang-out with others who feel the same.  That’s why I enjoy being a biker and hanging-out with other bikers.

Now, you wouldn’t have to be paying attention to the news very hard at all to know that, immediately after the brawl at Sydney Airport, our state government put in motion a new “anti-bikie” law to control these alleged “gangs”.  This initiative resulted in the passing of the “Crimes (Criminal Organisations Control) Bill 2009″ on 3 April 2009.

With my Brotherhood brothers, “our position is not a support for any criminal activity but rather opposition to unfair legislation that damages the ‘rule of law ‘ in Australia”.  We have joined with the United Motorcycle Council of New South Wales to

• Support peaceful resolution of differences between motorcycle clubs
• Encourage the development of a law abiding motorcycle lobby group
• Support the development of a socially responsible motorcycle culture
• Consolidate opposition to legislation that undermines the ‘ rule of law’
• Express concern at the growing trend around Australia to enact laws that overturn human rights, recognising that such laws could be applied to other groups such as church groups.

You’re probably wondering what all the fuss is about?  Why should anyone care what the police and governments do to dirty, smelly bikies? Well, firstly, don’t let me hear you call us that; and, secondly, the implications of the legislation go far beyond controlling the activities of alleged motorcycle gangs.

In summary, the government has taken anti-terrorist legislation as a template and created a new law which they can apply AGAINST ANYBODY!  That’s right … you read correctly … ANYBODY! The fact is that government has very covertly and, don’t be mistaken, very intentionally not mentioned motorcycle gangs in this new law at all.  That means it can be applied to anybody they like.  In fact, at the Federal level and in South Australia, politicians are already talking about applying these sorts of laws against Scientology and the Agape Ministries cult.

My summary only begins  to cover the main dangers of this legislation.  The point of this article, really, was to draw your attention to a press release of the UMC-NSW that, much more adequately, outlines the dangers and injustice of this law.  I have reproduced the contents of that press release below.  Please take a few moments to read it and consider how you might voice your own opposition to this legislation:

So, What Are The Bikie Laws All About?

There are many things in the Australian way of life that we value. Many of these things come from our Australian tradition built up over many years.

Our Australian tradition can mean many different things to each of us. Some of us find inspiration in its origins at Anzac Cove with the Digger’s qualities of courage, comradeship and sacrifice. Others have seen it reflected on the sporting field in the pride, passion and performance of our Aussie athletes. Others point to our inclusive and egalitarian society where we value things like a fair go, sticking up for your mates and backing the underdog.

Another feature of Australian society concerns what we expect from our institutions and elected representatives. For example, with respect to law and order, we rightly expect our judges to make fair and independent judicial decisions; from our elected politicians and lawmakers we expect accountability and transparency; from our Police Services we expect that responsible and fair judgement will be exercised in the enforcement of our laws. These things are fundamental to the freedoms all Australians value so highly.

However, sometimes things do not go according to plan. Two wrongs never make a right. The tragic events that took place at Sydney Airport in March 2009 can never be justified. Similarly, the so-called “Anti-Bikie Laws” implemented in their wake are also very wrong.

Of those who have looked at these laws in detail, a vast number of prominent Australians and leaders in various fields have given the strongest criticisms. In New South Wales, voices against the “Anti-Bikie Laws” have come from many different fields including academia,¹ legal practitioners^{2 3}, civil rights exponents⁴ and religious leaders⁵. Perhaps the most notable opponent has been the NSW Director of Public Prosecutions, Nicholas Cowdery AM QC.⁶

Unfortunately, many Australians remain uninformed and confused by these laws. Some think that they mean that motorcycle clubs have been banned. Others believe that a group of bikers or motorcycle clubs can no longer meet together in public. On closer investigation many people are greatly surprised to learn that the so-called “Anti-Bikie Laws” actually say nothing about bikes, clubs or motorcyclists.⁷

And so, it is important to clearly share with the broader Australian public just why these laws are so bad.

There are many reasons why these laws are unjust, unnecessary and a serious breach of human rights.⁸

1. There is a lack of judicial independence – the Government appointed Attorney–General can pick and choose judges and effectively control and direct their actions.
2. They are unnecessary – the majority of Australians feel that their Police Services have already been given many significant powers to effectively deal with criminal and alleged criminal activity.
3. They are politically motivated and reactionary – the laws are widely regarded as having been hastily implemented with no consultation.⁹
4. They are unjust and unfair – they allow use of dubious and untested evidence and deny the fundamental right of an accused to a transparent and fair process.
5. They will unfairly punish numerous incidental people – this includes friends, family and dependants of ‘controlled’ persons in various ways. For example, social punishments through preventing normal social interactions; and economically, by affecting people’s jobs and livelihood.
6. They are open to abuse – unfortunately, history has repeatedly shown that unchecked and unbalanced power is inevitably abused.

For these reasons the so-called “Anti-Bikie Laws” should be vigorously debated with a view to them finally being repealed for good.