Canberra Liberals introduce new law to ban motorcycle gang gatherings in the ACT

Elizabeth Lee, MLA, introduced the Crimes (Anti-Concurrence) Amendment Act 2024 on Tuesday. Photo: Michelle Kroll.

Canberra Liberal leader Elizabeth Lee introduced a new bill into the Legislative Assembly this week that would give police greater powers to prevent criminal organisations such as outlaw motorcycle gangs from gathering in the capital.

Ms Lee said recent allegations of criminal infiltration of the Construction, Forestry and Maritime Workers Union (CFMEU) underlined the need for her work. Crimes (Anti-Concurrence) Amendment Act 2024.

“It is alarming that we have seen unions in the ACT pushing for even more power over ACT government procurement and the appointment of senior civil servants. It follows that Canberrans have every right to question whether the same type of behaviour is taking place in the ACT,” she said.

The Canberra Liberals attempted to introduce similar reforms in 2019, but were rejected by the Australian Capital Territory government.

Ms Lee said the Australian Capital Territory was the only state or territory in Australia that did not have a law prohibiting gatherings.

“In the past, the Canberra Liberals have raised serious concerns that the ACT would not be in line with other jurisdictions, particularly NSW, in having anti-consorting laws,” she said.

“In 2019, the Canberra Liberals argued that without similar laws to those in other jurisdictions, the ACT would inevitably see an increase in the number of criminal motorcycle gangs operating in the ACT – and that is exactly what we have seen.

“The former police chief also warned that the presence of four different gangs in the Australian Capital Territory is concerning, and that there is a potential for further violence if these gangs start a turf war in the Australian Capital Territory.”

The Australian Federal Police Association (AFPA), which supports the proposed new law, claims the Australian Capital Territory has become a meeting place for organised crime groups such as outlaw motorcycle gangs (OMCGs).

“The ACT is the only jurisdiction in Australia that does not have a combination of anti-gathering laws, bans on the wearing of colours or firearms prohibition orders, which is ridiculous given the threat that organised crime, including OMCGs, pose to the community,” said AFPA President Alex Caruana.

“Anti-consorting laws work well when used in conjunction with targeted and intelligence-led policing methodology. If it didn’t work, we wouldn’t be seeing OMCG congregating in the ACT as they do now. The ACT is the only jurisdiction on the east coast of Australia that allows large groups of OMCG to congregate,” Caruana said.

Australian Federal Police Association president Alex Caruana backs the proposed new law to prevent organised crime syndicates such as outlaw motorcycle gangs from meeting. Photo: Albert McKnight.

The operation of the anti-confluence laws in NSW has caused some controversy.

A 2023 investigation by the regulator the Law Enforcement Conduct Commission raised concerns about the “over-representation of Aboriginal people in the use of the consorting law” and police targeting “activities that do not fit the definition of ‘coordinated serious criminal activity’”.

The ACT Law Society, a legal organisation, opposed the Liberals’ anti-consorting laws when they were introduced in 2019.

“Such laws are a disproportionate response to a perceived threat and are inconsistent with fundamental human rights principles,” Law Society President Chris Donohue said at the time. “This type of law is also open to abuse and serves to further marginalise vulnerable and disadvantaged members of our community.

“The ACT’s existing laws already provide police with effective tools to combat serious and organised crime. Where anti-consorting laws have been introduced in other jurisdictions, they have been largely ineffective.”

Under the new Liberal bill, anyone caught gathering could face up to three years in prison. The bill could be debated in the Legislative Assembly next week.