Guilty Of Association

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The Serious and Organised Crime (Control) Bill 2007 has recently been introduced by the Rann government here in SA. Here’s just one of the exciting new powers they’re granting themselves:

Under the laws, scheduled to be debated next week in the House of Assembly, South Australians who have contact with bikies at least six times a year will face a minimum maximum of five years in jail.

Yes, you did read that correctly.

UPDATE: Suddenly remembering that mass media is usually about as accurate as a drunk, blindfolded darts player, I went and read the legislation for myself. The five years in jail is a maximum penalty, not minimum, and certain kinds of associations – e.g. lawful business associations – are disregarded. Here is the relevant section in full:

35—Criminal associations
(1) A person who associates, on not less than 6 occasions during a period of 12 months, with a person who is—
(a) a member of a declared organisation; or
(b) the subject of a control order,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(2) A person does not commit an offence against subsection (1) unless, on each occasion on which it is alleged that the person associated with another, the person knew that the other was—
(a) a member of a declared organisation; or
(b) a person the subject of a control order,
or was reckless as to that fact.
(3) A person who—
(a) has a criminal conviction (against the law of this State or another jurisdiction) of a kind prescribed by regulation; and
(b) associates, on not less than 6 occasions during a period of 12 months, with another person who has such a criminal conviction,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.
(4) A person does not commit an offence against subsection (3) unless, on each occasion on which it is alleged that the person associated with another, the person knew that the other had the relevant criminal conviction or was reckless as to that fact.
(5) A person may be guilty of an offence against subsection (1) or (3) in respect of associations with the same person or with different people.
(6) The following forms of associations will be disregarded for the purposes of this section unless the prosecution proves that the association was not reasonable in the circumstances:
(a) associations between close family members;
(b) associations occurring in the course of a lawful occupation, business or profession;
(c) associations occurring at a course of training or education of a prescribed kind between persons enrolled in the course;
(d) associations occurring at a rehabilitation, counselling or therapy session of a prescribed kind;
(e) associations occurring in lawful custody or in the course of complying with a court order;
(f) associations of a prescribed kind.

You can parse this yourself, but here is my reading of it:

– It is a criminal offence to be friends with members of “declared organisations” (i.e. bikie gangs)
– It is a criminal offence for criminals (convicted of ANY felony, if I’m reading this correctly) to be friends with each other.

Still pretty outrageous, then.

11 thoughts on “Guilty Of Association”

  2. 5 years for meeting bikies….. FIVE? For meeting.. people…

    Without committing a crime. Or having knowledge of a crime.

    Okayyyy…

    Yes bikie groups are sometimes criminal. Yes it would be good to stop the criminal elements of bikies. But 5 years…

  3. Holy crap. Supermarkets, milkbars, employers now better start protecting themselves and asking everybody they come into contact with:

    “are you, or any of your family members, associates or members of the following bikie groups ?”

  4. It’s not a new idea. It used to be called “consorting with known criminals” and was used as a way of harassing crims after they got out of jail. There was even a “Consorting Squad” in the NSW police, which was ultimately disbanded because they took too many bribes. Funny that.

    The difference now is that a “known criminal” does not require a conviction. You just have to be declared a certain type ie bikie.

    The whole idea of restricting freedom of association is offensive. Stalinist even.

  5. This is like the RICO laws in the USA. It’s a great way to round up criminals if you happen to be very lazy and or stupid. It’s also a great way to put people behind bars without actually convicting them of a crime. Yay Justice!

  9. I have never understood why, if bikie gangs are illegal, their members are not in gaol? What then, exactly, does illegal mean?

    Also, chrisjv did not report that the SA Govt is considering laws to ban fast food commercials during childrens TV programs. Apparently, if the industry won’t do so voluntarily, the govt will compel them.

    According to my rego, I live in the “Festival State” or should that be the “Police State”?

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