Gray, Anthony (2009) Due process, natural justice, Kable and organisational control legislation. Public Law Review, 20 (4). pp. 290-305. ISSN 1034-3024
Abstract
This article considers South Australian legislation which criminalises membership in an organisation proscribed by that State's Attorney General. Once the Attorney has proscribed an organisation, the Police Commissioner can apply for a control order against members of the organisation. The court must make such an order, and it has the effect that it is a crime for one member of the organisation to meet with another, punishable by a jail term. The legislation was held invalid by the Supreme Court of South Australia by a 2-1 majority, however an appeal has been filed to the High Court.
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| Item Type: | Article (Commonwealth Reporting Category C) |
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| Refereed: | Yes |
| Item Status: | Live Archive |
| Depositing User: | Dr Anthony Gray |
| Faculty / Department / School: | Historic - Faculty of Business - School of Law |
| Date Deposited: | 22 Dec 2009 05:11 |
| Last Modified: | 07 Jul 2014 05:06 |
| Uncontrolled Keywords: | due process; Kable; bikies; natural justice |
| Fields of Research : | 18 Law and Legal Studies > 1801 Law > 180108 Constitutional Law 18 Law and Legal Studies > 1801 Law > 180114 Human Rights Law 16 Studies in Human Society > 1605 Policy and Administration > 160504 Crime Policy |
| Socio-Economic Objective: | C Society > 94 Law, Politics and Community Services > 9402 Government and Politics > 940203 Political Systems |
| URI: | http://eprints.usq.edu.au/id/eprint/6311 |
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