Bikie gangs declared as criminal organisations in South Australia, resisted by challenges to high court of Australia

The 10 bikie gangs, originally identified by South Australia police and the state government by a notice under the Liquor Licensing Act 1997, were declared criminal organisations in the state. The declarations and associated regulations were met with a series of constitutional challenges to the high court of Australia.

Twenty-seven outlaw gangs were declared criminal organisations in 2015 in South Australia under new state government laws.

Ten gangs –  Bandidos, Finks, Hells Angels, Gypsy Jokers, Comancheros, Mongols, Descendants, Rebels, Nomads, Red Devils – were targeted while another 17 groups interstate were declared criminal organisations within the state's borders.

The South Australian police commissioner could apply to the state’s supreme court for an organisation to become “declared”. The court could make a declaration if it were satisfied that:
        • members of the organisation associated to organise, plan, enable, support or engage in serious criminal activity; and
        * the organisation was a risk to public safety and order in South Australia.

The declaration orders and other regulations, in South Australian and interstate, faced a series of successful challenges by outlaw motorcycle gangs to the high court of Australia. The South Australian Labor government in 2017 conceded being "outmanoeuvred" by motorcycle gangs with the original laws and will try to shut motorcycle clubs down through parliament rather than the courts.

Attorney general Kyam Maher introduced changes that would mean “the prosecution should not have to prove the criminal purpose of an organisation that has already been declared by the parliament to be a criminal organisation”. Liberal member of parliament Andrew McLachlan who voted against “oppressive” bikie laws: “In a democracy that values the rule of law, it is for the courts to decide guilt upon the prosecution proving their case beyond reasonable doubt”.  South Australian Law Society president Tony Rossi said the existing law already caused serious concern in relation to the ability of government to interfere in the judicial process.

The Liberal state government (2018-2022) had the high court ruled invalid its regulations introduced under the Criminal Law Consolidation Act giving power to declare locations as prescribed places, making it illegal for participants in criminal organisations to enter or attempt to enter the location. The list included the Cowirra-based property known as Ponde that was the subject of a sucesful appeal to the high court.

The incoming Labor government  introduced  new legislation declaring a list of properties as prescribed places – including Ponde – and removed any requirement to give notice before prescribed places are declared in the future. It meant  any person who was part of a criminal organisation who entered, or tried to enter a prescribed place, already committed an offence punishable by up to three years imprisonment.