Bikie wars !

Gunfire sprayed on homes in Sydney suburbs - and a grisly murder in the domestic air terminal have the New South Wales state government considering a ban on bikie gangs. This is likely to be based on legislation being enacted in South Australia.

There is no doubt that bikie violence needs to be reigned in - but the South Australian law could prove to be a monster far bigger than the lawmakers intended.

The banning of bikie gangs seems to be the reintroduction of the old "consorting " laws. Years ago a magistrate or a judge could name an offender a " habitual criminal " - and should that person be found associating with a similar person - that would be a crime and both could do gaol time.

Under the proposed laws the state Attorney General - not a magistrate or a judge - would take submissions from police and decide to impose a ban on members of a bikie gang associating with one another.

The bikie gang would have one month to persuade the Attorney General not to proceed with the ban. The bikie gang would not be permitted to see the police allegations, hence they would be flying blind in rebutting the claim.

The danger here is that the decision would be made - not by a magistrate or a judge - but by a politician. That politician would have powers greater than a legal officer, and once that decision became law the mere fact of belonging to a group of people would be a crime leading to gaol - if two friends met to have a beer and watch the football in a hotel on a Saturday afternoon !

There is also the possibility of misuse of that law should a more totalitarian regime come to power. Such a regime may be offended by the news reports of a newspaper and impose a ban on the organization to stifle their voice and prevent the investigation of corruption.

Most people would prefer to see the implementation of bans run through traditional channels - through the courts and under the checks and balances of our legal system. The idea of such power resting in the hands of politicians sends a shiver through many law abiding spines.

Those same doubters may rest assured that there is a precedent that will surely come into force once this new law is tested in the courts.

Way back in 1950 the government of the day tried to ban the Communist party of Australia. This went all the way to the High Court - where it was struck down on constitutional grounds.

In all probability this bikie law will suffer a similar fate !