Outlaw motorcycle gangs and their supporters are fighting back against a government proposal to toughen anti-bikie gang laws in the state, with one submission to Tasmania Police warning: “When injustice becomes law, rebellion becomes our duty”.
In the lead-up to the state election, the Liberals pledged to crack down on OMCGs in Tasmania by introducing legislation to stop members from displaying their colours and associating with each other.
The pledge was part of their 100-day plan, which sought to outline what the Liberals would endeavour to achieve in the first 100 days of their second term.
New consorting laws would prohibit a person aged 18 or more with a criminal conviction for a serious offence from “habitually” consorting with another like individual.
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The state government also intends to adopt laws similar to ones in Queensland which make it an offence for someone to wear or openly display patches, insignia or logos of a prohibited bikie organisation.
It has been said the proposed legislation will stop Tasmania from becoming a “safe haven” for OMCGs, which the government and Tasmania Police say are known for acts of violence and their links to the illicit drug trade in the state.
It comes after the Bandidos recently established a presence in the state and both them and the Rebels Motorcycle Club held their annual runs here in 2017.
Now that Premier Will Hodgman’s Liberals have been re-elected, the public consultation process for the proposed bill has commenced.
On Friday, Tasmania Police published the 103 submissions they received from members of the public – almost all of which were staunchly opposed to the legislation.
Tasmania Police said the lack of submissions in support of the anti-bikie gang laws was due to members of the public fearing retribution.
“We know that people are afraid of outlaw motorcycle gangs,” Acting Assistant Commissioner Tony Cerritelli said.
The Bandidos Motorcycle Club and members of the Devil’s Henchmen were among those who made submissions.
“It is our view that motorcycle clubs will never be legislated out of existence,” the Bandidos’ submission read.
“This proposed legislation by state authorities does not address the issues for which it claims to support and will simply drive motorcycle clubs further into obscurity.”
Devil’s Henchmen member Josh Faulds said neither he nor many of his “brothers” had a criminal history.
He objected to he and his peers being “labelled” and supposedly having their “basic human rights” taken away.
“We are like minded [sic] motorcycle enthusiasts we are NOT criminals, drug dealers, extortionists, thieves, murders [sic] etc.,” Mr Faulds’ submission read.
“We are working class people, all workers who pay our taxes.”
An ominous submission from a person who chose to remain anonymous said police posed a “larger threat to the safety and freedoms that our forefathers died for”.
“When injustice becomes law, rebellion becomes our duty,” the submission read in conclusion.
In its submission, the God’s Squad Christian Motorcycle Club acknowledged Tasmania Police’s efforts to fight criminal activity and “drug problems within the community”.
But God’s Squad took issue with the potential ban on wearing bikie colours in public.
“We dispute that the wearing of club colours or paraphernalia in public is in any way intimidating or threatening to the majority of people, and that it is in any way intended to be so by the majority of clubs or club members,” the club’s submission read.
The Law Society of Tasmania said it was not in a position to either support or oppose the government’s proposal but expressed concern with some aspects of it.
Law Society executive director Luke Rheinberger noted that other jurisdictions had banned wearing bikie colours on licensed premises only.
“The society urges the department to consider whether this restriction might be more appropriate,” Mr Rheinberger wrote.
The Police Association of Tasmania’s submission was one of the few that voiced its support for the proposed legislation.
“There is no doubt that the failure to have legislation in place is tantamount to sending an invitation to all OMCG’s [sic] throughout the country that they are welcome here and that Tasmania is open for their business,” it read.
“There are enough checks and balances in the [proposed] legislation.”
The anti-bikie gang legislation is expected to be tabled in Parliament in June.
