The State Government is responding swiftly to the decision handed down by the High Court yesterday, which invalidated regulations made under the Criminal Law Consolidation Act 1935.
The Government has immediately commenced a process that looks to the remaking of the regulations.
Under the Criminal Law Consolidation Act, any person who is a participant in a criminal organisation who enters, or attempts to enter a prescribed place, commits an offence. 'Participants' include office-holders, members and those seeking to be members of the criminal organisation.
The appellants, who are members of the Hells Angels, appealed to the High Court in relation to regulations which concerned property at Cowirra, commonly known as 'Ponde'.
The High Court ruled that these regulations, made by the former Liberal Government, were invalidly made. The effect of this is that Ponde is not presently a "prescribed place" under the Criminal Law Consolidation Act.
As put by Kyam Maher
Outlaw motorcycle gangs who peddle misery on South Australian families and communities should take no comfort from yesterday's High Court decision.
We will be taking the strongest possible action to respond to the High Court decision and maintain community safety.
This Government will take every opportunity to disrupt the activities of outlaw motorcycle gangs.
