期刊名称：Journal of International Commercial Law and Technology
印刷版ISSN：1901-8401
出版年度：2009
卷号：04
期号：04
页码：274-286
出版社：International Association of IT Lawyers
摘要：Two Australian States have recently introduced legislation allowing a member of the Executive to declare an organisation, if it believes its activities pose a danger to the public. The effect of this declaration is that a court must make a control order against members of the organisation, which has the effect that one member of the organisation cannot associate with other members. Jail terms are provided for breach of such orders. An association need not be notified that the Executive is considering declaring them, and may or may not make submissions before the member of the Executive makes the declaration. While no doubt a politically popular response to perceived problems with some motorcycle gangs, there are very serious civil liberties’ concerns with such legislation. It is difficult to challenge such laws in Australia given the lack of an express bill of rights, but it is argued the High Court of Australia could rely on suggestions of a right to due process implicit in the Constitution to invalidate such laws. Further, the laws undermine the principle of separation of powers by, in effect, directing a court as to how to exercise its discretion. Further, it is argued the laws interfere with the right to freedom of association.
关键词：bikie laws ; Serious and Organised Crime (Control) Act 2008 ; Declaration ; Public Safety Orders ; Criminal Intelligence ; International Covenant on Civil and Political Rights
