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association means any of the following—
(a) a corporation;
(b) an unincorporated association;
(c) a club or league;
(d) 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.
(a) (whether by words or conduct, or in any other way)
asserts, declares or advertises his or her membership of, or association with, the association; or
(b) (whether by words or conduct, or in any other way)
seeks to be a member of, or to be associated with, the association; or
(c) has attended more than 1 meeting or gathering of persons who participate in the affairs of the association in any way; or
(d) has taken part on any 1 or more occasions in the affairs of the association in any other way.
(1) For this Act, a person is a vicious lawless associate if the person—
(a) commits a declared offence; and
(b) at the time the offence is committed, or during the course of the commission of the offence, is a participant in the affairs of an association (relevant association); and
(c) did or omitted to do the act that constitutes the declared offence for the purposes of, or in the course of participating in the affairs of, the relevant association.
(2) However, a person is not a vicious lawless associate if the person proves that the relevant association is an association whose members do not have as their purpose, or 1 of their purposes, engaging in, or conspiring to engage in, declared offences.
(1) A court sentencing a vicious lawless associate for a declared offence must impose all of the following sentences on the
vicious lawless associate—
(a) a sentence for the offence under the law apart from this Act and without regard to any further punishment that may or will be imposed under this Act;
(b) a further sentence of 15 years imprisonment served wholly in a corrective services facility;
(c) if the vicious lawless associate was, at the time of the commission of the offence, or during the course of the commission of the offence, an office bearer of the relevant association—a further sentence of 10 years imprisonment served wholly in a corrective services facility which must be served cumulatively with the further sentence mentioned in paragraph (b).
(2) A further sentence—
(a) must not be mitigated or reduced under any other Act or law; and
(b) must be ordered to be served cumulatively with the base sentence imposed.
(3) However, if the base sentence does not—
(a) impose a term of imprisonment on the vicious lawless associate; or
(b) require the associate to immediately serve a term of imprisonment in a corrective services facility;
the associate is to immediately begin to serve the further sentence mentioned in subsection (1)(b) and the base sentence is to have effect, so far as practicable, at the end of the further sentence or sentences.
(4) Also, if the base sentence imposed on the vicious lawless associate is life imprisonment, the further sentence mentioned in subsection (1)(b) is to have effect from the parole eligibility date applying to the associate as a prisoner under the Corrective Services Act 2006, section 181.
(5) If a sentencing court is sentencing a vicious lawless associate for more than 1 declared offence, the sentencing court may
impose further sentences for only 1 of the offences.
(6) However, when deciding which declared offence to use for imposing further sentences, the court must choose the offence
that will result in the vicious lawless associate serving the longest period of imprisonment available under this Act for the offences.
"In the often highly complex situations they respond to, and despite performing their roles professionally and in good faith, the nature of their business means there are occasional incidents that cause injury to people or damage to property."
The legislation amendments are designed to protect state employees who are working in an official capacity from civil liability.
Instead, that liability will be transferred to the state. But the legislation does include a clause which allows the government to recoup costs from state employees who "have engaged in conduct other than in good faith, and with gross negligence".
reply to post by daaskapital
It's pretty simple really.
This is the beginning of stopping unions and workers gathering for strikes and so forth, as by association it can be interpreted as illegal as all those people belong to an organisation, thus making the laws actually about stopping the people from gathering than about halting bikers.
Did you see the three guys that were arrested just before Christmas having a beer at a local? They were all family, were not dressed in MC cuts and were having a drink after work when the Police arrested them using this new law. They now face six months in jail and for what? Having a drink? Being part of an MC?
Sunshine Coast bikers arrested over 'having a beer.'
It's more than just Police state, it's a test to see if once again the Australian people will just bend over and take it without standing up. Once it is found it will work, any group acting within what the government calls 'dissent' (which can be anything really) can be arrested. Unions, protestors, equal rights group, racial groups, you name it. There's no stopping it really.
I just hope we can get the next few years out of the way and dump Newman and his cronies on their asses out on the street where they belong for even thinking up this pointless drivel. Trouble is, it looks like it's here to stay.
In the meantime most people I know, myself included have been too afraid to even take their bikes out on the road in a group. It's just not worth the hassle.
Overall, Queensland is quickly becoming a Police state. This is not a good indication for the rest of Australia...
This "law" can be used to stop any and all dissent with government policies!
This is NOT an anti biker law!(since when does the law allow discriminatory persecutions?)
ANYBODY at a demonstration (specially the organisers) could be serving a 15yr sentence for participating!
Very well put together thread m8,it certainly illustrates the direction we are heading in ,possibly the worst item you have mentioned is protecting police from being sued,this in my opinion is going to open a huge can of worms,govts really don't let a good crisis go to waste do they.
Unfortunately these sort of posts don't get a lot of traction around here if it doesn't happen in America no=one seems that interested.
S & F
edit on 20-1-2014 by Bilder because: (no reason given)