Australia - THE next battle in the State Government's war against the bikies will take place in the High Court this Friday. In a video link to the High Court in Canberra, Solicitor-General Martin Hinton, QC, will argue the Government's application for special leave to appeal against the decision of South Australia's highest court last September that rejected the key component of the controversial bikie legislation.
The special leave application is seeking to overturn the decision of the Full Court of the Supreme Court, that ruled a crucial section of the Serious and Organised Crime (Control) Act concerning the issuing of control orders against gang members was invalid.
The High Court decision is likely to determine the future of identical legislation planned by other states as they bolster their own laws targeting outlaw motorcycle gangs.
On September 25 last year, the Full Court, consisting of justices Bleby, Kelly and White, in a 2-to-1 majority, ruled that Section 14.1 of the SOCCA legislation was invalid, following an appeal by Finks members Donald Hudson and Sandro Totani.
Under the section, which states a magistrate must grant a control order sought by the Police Commissioner, the subject is not given the opportunity to appear when the order is granted and is not allowed to know the content of an intelligence file used in the process.
In the judgment, Justice Bleby said it was a "fundamental proposition" of law that an accused person be informed of the case against them. He said the law also "impaired or undermined" the court's integrity.
The Full Court ruling meant control orders already obtained by police against Mr Hudson, Mr Totani and six other Finks members were invalid.
Meanwhile, it is unlikely any decision by state Attorney-General Michael Atkinson on the police application to have the Rebels declared will be made before the March 20 state election.
Lawyers and those targeted have until this Friday to respond and it is then likely to be a six-week process while those responses are considered by Crown Law officers and police.
A spokesman for Mr Atkinson on Friday said public submissions on the application for the Rebels declaration had closed.
"However, the Attorney-General has received requests to accept some late submissions, which he has agreed to," the spokesman said.
"Like the previous application process, the Attorney-General will give the submissions detailed and careful consideration".
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