Senate debates

Monday, 17 August 2009

Committees

Australian Crime Commission Committee; Report

4:28 pm

Photo of Nick XenophonNick Xenophon (SA, Independent) Share this | Hansard source

Whilst not a member of the committee, this is an area that I have been particularly interested in since I was a state member of parliament in South Australia. I would like to thank Senator Parry for giving me three minutes of his time, which is all I need and is probably more than enough. This report is very important given the pernicious impact these gangs, whether outlaw motorcycle gangs or other organised crime gangs, have on society.

Like a lot of people I wondered how there could even be self-described outlaws in this country. Central to our democracy is the notion that the laws of our land apply to all of us, that no-one is above the law and that no-one should be allowed to act above the law. State governments including the government of my home state, South Australia, often talk tough about taking on organised criminal bikie gangs. I welcome the moves that the South Australian government has made in terms of laws of association, but I am disappointed that, in the more than two years since I called for improved unexplained wealth legislation to be changed in South Australia, the state government is still considering that.

Behind most crimes is greed. Many of these gangs believe that crime pays, so law makers have to ensure that crime does not pay. If you want to tackle these groups effectively, hit them where it hurts: in their bank accounts. That is why I have called on Premier Rann in my home state to move for unexplained wealth legislation that greatly improves on what we have had in South Australia previously. I think this report provides a template for further reform. In South Australia right now it is up to authorities to prove that wealth has come from the proceeds of crime. A better, more effective test is for these criminal gangs to prove their wealth was obtained honestly. Reversing that onus would make a significant difference.

Edmund Burke once said: ‘The only thing necessary for evil to prosper is for good people to do nothing.’ The very presence of these gangs undermines society. They are a corrosive and destructive element in our society. We need to use every possible means to emasculate them and wipe them out. I think it is incumbent upon governments to ensure that the self-described outlaws are held accountable through effective laws. I welcome this report as advancing the debate. I hope that the federal government and state governments act urgently to implement a number of these recommendations, particularly in relation to unexplained wealth.

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