Vicious Lawless Association Disestablishment Act 2013
Vicious Lawless Association Disestablishment Act 2013 is an act of the Parliament of Queensland,[1] enacted to "severely punish members of criminal organisations that commit serious offenses". The act aimed to "come down harshly on outlaw motorcycle gangs and their members" and was one of three passed in the same session on 16 October 2013,[1] going into effect immediately. The associated acts enacted on the same date were the Criminal Law (Criminal Organisations Disruption) Amendment Act 2013 and the Tattoo Parlours Act 2013.[1] The relevant Minister is required to review the Act after 3 years.
Stipulations
The Act applies to legal organisations and "any other group of 3 or more persons by whatever name called, whether associated formally or informally and whether the group is legal or illegal." Similarly it defines office bearer of the organisation to allow for informal roles, with the defendant required to prove that they are not an office bearer.
The Act declares a person to be a "vicious lawless associate" if they commit a serious offence "for the purposes of, or in the course of participating in the affairs of, the relevant association". It is incumbent on the defendant to prove that the association is "an association whose members do not have as their purpose" the serious offences listed in the Act. If a person is declared to be a "vicious lawless associate", this Act mandates a further 15 years imprisonment on top of the sentence for the crime for members of the organisation, and 10 years imprisonment in addition to this for office bearers of the organisation.[1]
Specific declared offenses of the Act include parts from the following Acts that are deemed to be 'serious offences' for the purpose of the Act:
- the Corrective Services Act 2006 (1 offense);
- the Criminal Code (Queensland) (59 offenses);
- the Criminal Proceeds Confiscation Act 2002 (1 offense);
- the Drugs Misuse Act 1986 (5 offenses); and
- the Weapons Act 1990 (5 offenses).
See also
Further reading
- "New laws target criminal gangs". www.qld.gov.au. Retrieved 2 April 2016.
- "Update - the anti-bikies legislation commences.". robertsonogorman.com.au. Retrieved 2 April 2016.
References
External links
- Vicious Lawless Association Disestablishment Act 2013 text and PDF
- Explanatory webpage of legal website