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

Gray, Anthony ORCID: https://orcid.org/0000-0001-9565-475X (2009) Australian 'bikie' laws in the absence of an express Bill of Rights. Journal of International Commercial Law and Technology, 4 (4). pp. 274-286. ISSN 1901-8401

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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.

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Item Type:	Article (Commonwealth Reporting Category C)
Refereed:	Yes
Item Status:	Live Archive
Additional Information:	Author retains copyright to Author's version. Published version may be accessed via the following link: http://www.jiclt.com/index.php/jiclt/article/view/92/91
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Faculty/School / Institute/Centre:	Historic - Faculty of Business - School of Law (1 Apr 2007 - 31 Dec 2010)
Date Deposited:	21 Oct 2009 04:57
Last Modified:	04 Mar 2015 06:31
Uncontrolled Keywords:	freedom of association; due process; natural justice; separation of powers
Fields of Research (2008):	18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law
Fields of Research (2020):	48 LAW AND LEGAL STUDIES > 4899 Other law and legal studies > 489999 Other law and legal studies not elsewhere classified
Socio-Economic Objectives (2008):	C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940406 Legal Processes
URI:	http://eprints.usq.edu.au/id/eprint/5857

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