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KNOW THE TRUE FACTS REGARDING THE GOVERNMENT'S NEW POLICE OFFENCES AMENDMENT (PROHIBITED INSIGNIA) BILL 201

The Tasmanian Motorcycle Council (TMC), as the peak representative body for the 54,770 licenced motorcyclists in Tasmania, objects to the proposed Prohibited Insignia laws. The laws violate the fundamental freedoms afforded to Tasmanian's in a democratic society and lack public support. It is not the place of Government to dictate what people wear or who they associate with.

KNOW THE TRUE FACTS REGARDING THE GOVERNMENT'S NEW POLICE OFFENCES AMENDMENT (PROHIBITED INSIGNIA) BILL 2018

Anti-Freedom Laws

 

The Tasmanian Motorcycle Council (TMC), as the peak representative body for the 54,770 licenced motorcyclists in Tasmania, objects to the proposed Prohibited Insignia laws. The laws violate the fundamental freedoms afforded to Tasmanians in a democratic society and lack public support. It is not the place of Government to dictate what people wear or who they associate with.

 

Police Minister Michael Ferguson did not meet with TMC prior to the legalisation being tabled in Parliament  to address concerns about the proposed laws, and has not consulted with TMC, despite the Government recognising TMC as the peak representative body for motorcyclists. TMC sits on a number of Government committees and advisory bodies (including the Tasmanian Road Safety Advisory Council, Tasmanian Motorcycle Safety Working Group and Tasmanian Black Spot Funding Committee), yet the Minister will not engage with TMC on laws which directly affect the rights of motorcyclists.

 

TMC notes that in October 2014, former Police Minister Rene Hidding assured TMC that no such legislation would be tabled. It was the Honourable Member’s view that existing laws were sufficient to deal with criminal activity and he would not endorse laws that would generally disadvantage motorcyclists.

 

Of 103 submissions made to the Public Consultation, 98 opposed the laws. In response to the clear public rejection, Tasmania Police claimed that those in favour were too frightened to show support, despite the Public Consultation process allowing complete anonymity and confidentiality. Further, a public poll conducted via the TMC’s Facebook page found 96.7% of 8683 responders did not find the presence of motorcyclists with “back patches” threatening, and opposed a ban on “logos, insignia and emblems”.

 

Tasmania Police have misled the public with their statements which imply all members of clubs with back patches are criminals. The TMC rejects that Outlaw Motorcycle Clubs are “Gangs” and that the members are “Criminals”. Tasmania Police has provided no evidence to support this assertion. The TMC also rejects that the 1% sign is an admission of criminality. It notes that the NSW Highway Patrol Officers also refer to themselves as the “1% of NSW Police who are in the Highway Patrol”.

 

Many motorcycle clubs in Tasmania have back patches, including social clubs for Returned Service Men and Women, riders over the age of 40 years, and those which actively support God. Members of these clubs are indistinguishable from Outlaw Motorcycle Clubs in terms of what they wear. The majority of Tasmanians would not know the difference between members of social motorcycle clubs and Outlaw Motorcycle Clubs. The statements made by the Minister and Police have the effect of labelling all motorcyclists who wear a back patch as criminals.  

 

TMC does not condone criminal behaviour and fully supports Tasmania Police in dealing with people who break the law. However, there are already appropriate laws in place, including those which deal with organised crime, unexplained wealth, and violent and public disorder offences. The Police already have adequate powers to keep the peace and maintain good public order.

 

The proposed laws, which allow the Minister to prescribe an entire organisation as an “identified organisation” by regulation, impose unacceptable restrictions on people who have not committed an offence. The proposed legislation bypasses the judiciary and places significant power in the hands of the Minister, which has direct consequences on basic civil liberties in the absence of any proof of criminality.

 

All members of clubs in Tasmania have had their reputations tarnished by the Government because of the actions of a few individuals. The tactics used by Tasmania Police and the Minister to attempt to sway public support for the laws are unfair and are considered unacceptable in every other relatable scenario.

 

For example: society does not label all priests as paedophiles because of the actions of a few, it does not accuse all footballers of being drug addicts and rapists because of the actions of a few, and it does not accept that all Muslims have been radicalised because of the actions of a few.

 

And despite the Tasmanian Integrity Commissioner Audit of Tasmania Police finding 341 serious complaints against police, including senior officers, over just three years, with police officers being investigated, facing charges and/or convictions for such offences as disclosing official secrets, firearms offences, driving under the influence of alcohol, possession of child exploitation material, and unauthorised access and misuse of information, no one legitimately suggests that all police officers are criminals.  

 

Experiences from other jurisdictions demonstrate that legislation which depends on Outlaw Motorcycle Clubs being “declared” or “identified” organisations fail when the Police are required to provide evidence of criminality. In November 2016, the NSW Ombudsman report into the Criminal Organisations Control Act 2012 noted that no other Australian State or Territory, including Western Australia, Northern Territory, Queensland or South Australia had successfully implemented comparable legislation and all had failed to have any declarations made in relation to any organisations. It called for the NSW legislation to be repealed.

 

The proposed laws remove the requirement for proof that Outlaw Motorcycle Clubs are criminal organisations and involved in organised crime, and gives the power to prescribe an organisation to the Minister, without judicial oversight.

 

The Minister and Tasmania Police have failed to show how the Prohibited Insignia legislation will stop people committing offences and how banning the names of particular clubs, along with their insignia, logos and emblems will provide a safer community. The laws are an unacceptable intrusion and interference on the personal lives of Tasmanians without any justification. This results in an unreasonable and objectionable cost to the community and an infringement on civil liberties. When introducing the Bill to Parliament, Minister Ferguson did not acknowledge the overwhelming lack of public support.  

 

TMC agrees with the Opposition that any changes to the law must be backed by evidence. TMC notes Labour’s position, as quoted in the Examiner on 22 June 2018 that it would “need to be convinced that similar moves in other jurisdictions have been successful in deterring organised crime.” The available evidence suggests that the proposed laws will be ineffective at dealing with organised crime and must not be supported.

 

Information for the above was sourced from:

  • Tasmanian Integrity Commission Audits
  • State Growth
  • Tasmanian Motor Cycle Council
  • NSW Ombudsman
  • Examiner Newspaper

To find the links for the above please visit www.tasmanianmotorcyclecouncil.org.au

 

Show your opposition to the proposed laws by contacting LC_Members@parliament.tas.gov.au and HAMembers@parliament.tas.gov.au

 

PROTEST YOUR RIGHTS

Be part of the protest Civil Rights Protest Parliament Lawns Salamanca on the 7th of July 1pm. Permits are done it’s all legal, Andrew Wilkie has confirmed he will speak as has Brendon Hext.

 

Written and Authorised by Executives of the Tasmanian Motorcycle Council

Appendices and Supporting Documents

Integrity Tasmania Report An audit of Tasmania Police complaints finalised in 2015

https://www.integrity.tas.gov.au/__data/assets/pdf_file/0004/361165/Report_of_the_Integrity_Commission_No_1_of_2016_An_Audit_of_Tasmania_Police_complaints_finalised_in_2015.pdf

Article, Tasmania looks to join other states in getting tough on the public presence of outlaw motorcycle gangs

https://www.examiner.com.au/story/5235043/lawyer-believes-bikie-club-colours-ban-will-send-illegal-activity-underground/

Article, Community backlash over police ‘monitoring’ bikies

https://www.examiner.com.au/story/5007789/community-backlash-over-tasmania-police-monitoring-bikies/

Article, Tasmania could ban bikie colours like Queensland if the Liberal Party wins the state election

https://www.examiner.com.au/story/5234201/tasmanian-liberals-announce-plan-to-ban-bikie-colours/

TMC Meeting with Rene Hidding

http://www.tasmanianmotorcyclecouncil.org.au/news-submissions/meeting-with-minister-rene-hidding-2014

TMC Article in response to examiner

http://www.tasmanianmotorcyclecouncil.org.au/client-assets/pdf/media-releases/Media%20release%2021%20Feb%202018.pdf

Integrity Tasmania Report 2018

https://www.integrity.tas.gov.au/__data/assets/pdf_file/0009/417843/Report-3-of-2018-Own-motion-investigation-into-management-of-information-in-Tasmania-Police-Jun-2018.PDF

Ombudsman Review NSW

https://www.ombo.nsw.gov.au/news-and-publications/publications/reports/legislative-reviews/review-of-police-use-of-powers-under-the-crimes-criminal-organisations-control-act-2012-section-391-of-the-crimes-criminal-organisations-control-act-2012-november-2016

Article, Tasmania's top cop charged

http://www.abc.net.au/worldtoday/content/2008/s2390849.htm

Article, Secret report reveals anti-bikie laws are ‘useless’ to control gangs and recommends law abolished

https://www.news.com.au/national/courts-law/secret-report-reveals-antibikie-laws-are-useless-to-control-gangs-and-recommends-law-abolished/news-story/daeb98153e8eb21b240dfed4f81b4f41

Right to freedom of assembly and association

https://www.ag.gov.au/RightsAndProtections/HumanRights/Human-rights-scrutiny/PublicSectorGuidanceSheets/Pages/Righttofreedomofassemblyandassociation.aspx

Article, Consorting Laws: Worth the Effort?

http://www.robertsonogorman.com.au/2018/march/14/consorting-laws-worth-the-effort/

Ombudsman Review NSW

https://www.ombo.nsw.gov.au/__data/assets/pdf_file/0018/42417/Review-of-police-use-of-powers-under-the-Crimes-Criminal-Organisations-Control-Act-2012.pdf

TMC Submission

http://www.tasmanianmotorcyclecouncil.org.au/client-assets/pdf/data/Submission%20Org%20Criminal%20Groups%20Legislation.pdf

Submission

http://www.police.tas.gov.au/services-online/outlaw-motorcycle-gangs/submissions/

Police officer charged with drink driving offence

http://www.police.tas.gov.au/news-events/media-releases/police-officer-charged-with-drink-driving-offence/

A police officer charged with firearms offence

http://www.police.tas.gov.au/news-events/media-releases/police-officer-charged-3/

Off-duty sergeant from northern Tasmania crashed his vehicle into a car parked on Westbury Road at Prospect on 10 December 2016.

http://www.police.tas.gov.au/news-events/media-releases/police-officer-infringement/

A police officer has been charged by summons with the offence of Possess Child Exploitation Material.

http://www.police.tas.gov.au/news-events/media-releases/police-officer-charged-2/

Police Officer to Face Assault Charge

http://www.police.tas.gov.au/news-events/media-releases/police-officer-face-assault-charge/

Officer charged with Negligent Driving

http://www.police.tas.gov.au/news-events/media-releases/officer-driving-offence/

Police Officer dangerous driving incident

http://www.police.tas.gov.au/news-events/media-releases/police-officer-driving-incident/