Premier Nathan Rees is talking tough on his proposed law to declare bikie gangs " criminal organizations " and introduce new consorting restrictions with gaol sanctions.
He claims that he will employ the best legal brains to " fireproof " this legislation and make it immune from a High court challenge. That is easier said than done, because the High court has a history of jealously guarding this country's constitution - and Rees is heading done a path that breaks new ground.
There is a distinct difference between the terms " did " and " might " ! Criminals are convicted by a court for offences they have committed. There is no law on the books to send people to gaol for crimes they " might " commit in the future.
The nearest we come to that is the law that requires paedophiles released from gaol to be registered with the police, reside at a known address, stay away from schools and places where children congregate - and report to police on a regular schedule.
The " right to associate " is a hallowed Australian liberty. In particular, the trade union movement will be watching closely to determine the implications of any restriction on association. It would be hard to define a legal definition of the difference between a " gang " - a " club " - and a " union " !
The age of terrorism has tempted many government's to place restrictions on civil liberties which would be rejected in normal times. It must always be kept in mind that laws placed by people of goodwill are quite capable of being abused should a totalitarian regime later come to power.
Mr Rees may find that nothing is " fireproof " when it comes under scrutiny by the High court !
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