Ruth Orr ARTICLE
PROHIBITED ITEMS LEGISLATION No doubt many THA members have experienced the presence of outlaw motorcycle gangs (OMCGs) within their establishments throughout Tasmania from time to time. Views on their presence
A further myth exists that the proposed legislation will be used to target other groups, like motorcycle clubs or football clubs. The fact is that if you’re a member of one of Tasmania’s many law- abiding motorcycle clubs then the proposed colours prohibition laws will not affect you. The new laws are targeting prescribed OMCGs. Clubs like the Motorcycle Riders Association, Tasmanian Motorcycle Council, Harley Owners Group, Ulysses Club, God Squad and Vietnam Veterans etc. won’t be affected. At the time of writing this article, the legislation had not yet been proclaimed but in the interests of countering some significant misinformation that exists in the community, Tasmania Police can advise that the legislation does not do any of the following; • Criminalise an identified organisation itself, nor does it ban members from associating; • Prohibit the wearing of any item in a private place; • Ban items in public places that don’t display a prohibited insignia; • Ban anything that is not clothing, jewellery or an accessory; • Declare/punish or convict any individual person or body of/ for being a criminal group merely because they are listed in regulations; • Prevent any person charged with this offence from the principles of natural justice (i.e. right to a trial where police must prove all the elements of the offence, or appeal to a superior court); or • Intrude on judicial power or the Tasmanian or Australian Constitution. These laws are not expected to impact upon charitable events such as toy runs which will still be supported by Tasmania Police. Members of prescribed OMCGs will still be eligible to participate as long as they do not wear their colours.
within the community are divided, yet their expansion in Tasmania is a significant concern for Tasmania Police. There is a myth that OMCGs should be welcomed so long as they behave themselves and that Tasmania Police are over-reacting. The fact is that OMCGs are significant players in controlling the importation and distribution of drugs, especially ice and speed, into Tasmania. Their business model involves serious violence and drug trafficking and they are expanding their numbers in Tasmania with a view to increasing their drug trafficking network. Tasmania does not want to become a safe haven for these gangs. Other States have implemented strong laws to protect the community from them and there is a danger that if Tasmania does not follow similarly, these gangs will see Tasmania as a ‘soft target’ and increase their criminal activities here. To give Tasmania Police the tools needed to combat these gangs and increase community safety, Tasmania Police recently prepared and introduced laws which were subsequently passed in Parliament. These laws make it an offence for an individual to wear, carry, or openly display in a public place (or a vehicle in a public place) clothing, jewellery or other insignia that show the patches, insignia or logo of an ‘identified organisation’. By virtue of the definition of ‘public place’ within the Police Offences Act 1935, the legislation will include any premises specified in a liquor license or liquor permit. The legislation was designed with the aim of preventing the wearing of colours and other insignia which identify an individual’s association with, or membership of, an outlaw motorcycle gang.
October 2018 www.tha.asn.au
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