Wednesday, 16 October 2024
Bills
Criminal Organisations Control Amendment Bill 2024
Criminal Organisations Control Amendment Bill 2024
Council’s amendments
Message from Council relating to following amendments considered:
1. Clause 110, page 122, line 27, omit “one year” and insert “six months”.
2. Clause 110, page 123, line 7, omit “31 December following”.
That the amendments be agreed to.
The amendments made to the bill by those in the other place relate to a review of the operation and effectiveness of the act. The amendments before us bring forward the review period to begin exactly three years after the commencement of the bill. The amendments also reduce the time to complete the review from 12 months to six months. While those amendments will reduce the time frame available to conduct a comprehensive review, the government did not oppose them, and I commend those amendments to the house.
Furthermore, just for context, our Criminal Organisations Control Amendment Bill 2024 does strengthen Victoria’s unlawful associations scheme, introduce a new serious crime prevention order and prohibit the public display of gang colours. These are significant further advances on the work that we have done to combat organised crime and serious crime. I appreciate the support of other parties and members both upstairs and in this place. I know that these are directly further strengthening these laws, which both the Chief Commissioner of Police and Victoria Police have sought, and they go further from the work that we have been doing. I thank the Attorney-General in the other place for her leadership and work with Victoria Police and justice ministers and with the Shadow Attorney-General to make sure that we can get some support for these further laws before the house, particularly the amendments as they are supported. We look forward to getting on and making these laws to hold criminal organisations to account and give police the tools they need to hold them to account and keep people safe. I commend the amendments to the house.
Michael O’BRIEN (Malvern) (10:55): The opposition supports these amendments because these are our amendments moved in the other place. The purpose of the amendments is to clarify that a statutory review of these provisions should take place after three years of their operation and that a statutory review should be completed no later than six months after that three-year period and also be tabled in Parliament. The government, I think anticipating there was going to be a need for a review of this act, did have in place in the bill in its original format a timetable for review. But the way in which it actually worked is that we could have been looking at five years between the commencement of the bill and the actual completion of a review. Five years is way too long.
This is this government’s third attempt – third attempt – to try and get it right when it comes to criminal control orders. The former Attorney-General Mr Pakula had two goes at it, and they just did not work. I do not say there was any ill will in the intention, but the fact is they just did not work. It is why we have had bikies infiltrating unions in this state. It is why we have had bikies infiltrating government building sites in this state. We cannot afford to allow this to continue. The sight of organised criminals running rampant on government-funded sites is just intolerable. Bikies regard Victoria as being the Switzerland of the nation when it comes to being able to ride around and parade their colours. They cannot do it in other states, but they can all do it here, because this government has been too soft for too long when it comes to cracking down on these organised criminals. They are not motorcycling enthusiasts; it is organised crime. They have got more of a sideline in making and selling drugs than they do in riding Harleys.
Let us be very serious about this. This is a bill which is long overdue. It is the government’s third attempt at it. I hope the government gets it right this time, but we cannot rely on them getting it right, which is why it is important there be a proper statutory review process. With the passage of this bill today, I do encourage the government to proclaim it and get it into operation as soon as possible. I do know that last weekend, on Sunday, the Crimes Amendment (Non-fatal Strangulation) Act 2023 came into force. I think that the government waited until the statutory period contained in that bill to bring it into force. There is no reason why the government cannot proclaim acts sooner. The reason why there are default provisions in bills is as a safety net; it is a safety net to say that this bill has to come into force at some point. But there is no reason why the government could not have brought Joy’s law – as the Crimes Amendment (Non-fatal Strangulation) Act 2023 is known – into force earlier, and there is no reason why the government should be waiting until the default date for this bill to come into force.
We know we have problems with bikie gangs in unions and on Big Build sites, peddling drugs on our streets. We know that problem exists. I urge the government: do not wait, do not let the grass grow under your feet, get this bill into force and let us see if this one works well this time. I do wish the government well, because it is in every Victorian’s interest to tackle organised crime, particularly outlaw motorcycle gangs, in this state.
Motion agreed to.
The DEPUTY SPEAKER: A message will now be sent to the Legislative Council informing them of the house’s decision.