Australian 'bikie' laws in the absence of an express Bill of Rights

Abstract

In this article, I consider recent legislation allowing a member of the Executive to declare an organisation. The effect of the declaration is that a court must make a control order over the body, criminalising one member of the association from assocating with another. It is argued that the legislation contravenes important legal principles such as freedom of association, the right to due process and the principle of separation of powers.