Premier unveils new police powers to tackle bikies and organised crime gangs

6/11/01
Drug traffickers, outlaw motor cycle gangs and others involved in organised crime will be hit hard by tough new laws to be introduced to State Parliament today.
Premier Geoff Gallop said the WA laws would be the toughest in the country, giving police substantial new powers to tackle head-on the violence and lawlessness associated with organised crime gangs.
The legislation includes:

• new police powers to enter premises linked to organised crime without a warrant and photograph, search and detain for questioning anyone who is found there. Police will also be able to seize any document or item they reasonably suspect will provide evidence;

• substantial fines or jail terms for people who refuse to answer questions, produce documents or otherwise co-operate in organised crime investigations;

• wider police access to surveillance devices for investigations; and

• new powers for police to dismantle building fortifications.

"These are exceptional powers so there will be safeguards, but I make no apologies for our strong stance," Dr Gallop said.
The new powers can be used when police have satisfied a Supreme or District Court Judge - acting as a Special Commissioner - that there is a reasonable suspicion that organised crime offences have been or are being committed.
The legislation specifies more than 30 offences capable of triggering the new police powers, including murder, kidnapping, serious firearms offences, robbery, extortion, drug trafficking and explosives offences.
At least two of the listed offences must be involved before the special powers can be used.
"The people caught by these laws will be those who engage in organised crime, who knowingly obstruct investigations or who cover up serious crimes by withholding information that could help bring the perpetrators to justice," Dr Gallop said.
He said a top priority was cracking the notorious code of silence of criminal gang members, and the new power to compel co-operation would make it extremely difficult for gangs to maintain that silence.
The legislation allows unco-operative people to be brought before a Special Commissioner to answer questions under oath. If they refuse, they can be jailed.
There will be no privilege against self-incrimination to avoid answering questions, and legal professional privilege cannot be used to stop documents being produced on request.
"People who refuse to attend a hearing will be in contempt of court and face the unlimited fines and/or jail terms able to be imposed at the discretion of the Supreme Court," Dr Gallop said.
"Those who give false testimony face five years jail, and anyone who tries to prevent a person attending can expect five years jail plus a $100,000 fine.
"It will also be a criminal offence to take retaliatory action against a person who attends a special hearing, with penalties of five years jail plus a $100,000 fine for causing any loss, damage, disadvantage or other injury to a witness."
As well as compelling people to answer questions, a Special Commissioner can require people to produce any documents or items considered relevant to an investigation.
Police Minister Michelle Roberts said the violence associated with criminal gangs was clearly illustrated by the horrific array of weapons that had been seized by police, particularly from Outlaw Motor Cycle Gangs.
Police today demonstrated some of the seized weapons, including Streetsweepers, fully automatic machine guns and military assault rifles at the Police Academy firing range in Maylands.
"To know these types of weapons are being stored in heavily fortified headquarters, located in Perth's residential suburbs, is a situation our Government will not tolerate," Mrs Roberts said.
Media contact: Kieran Murphy 9222 9475