Legislative Council Thursday 28 November, 2019

Ms FORREST question to LEADER of the GOVERNMENT in the LEGISLATIVE COUNCIL, Mrs HISCUTT

Following the enactment of the anti-consorting legislation and the prohibited insignia legislation;

1) Under what circumstances, if any, could Outlaw Motorcycle Group members’ colours, patches or insignia be confiscated when not visible to the public, such as when worn or displayed in clubrooms?

Answer

The prohibited insignia offences contained in sections 6A(14) and 6A(15) of the Police Offences Act 1935 only apply to items of clothing, jewellery, or other accessories displaying prohibited insignia when worn or carried in a public place if they would be visible to another person.

In addition to it not being an offence to simply possess a prohibited item (within the meaning of section 6A(1)), it is not an offence to wear or carry an item in a place that is not a public place.

An OMCG clubroom, where access is limited to members and invited guests, is not considered a public place unless it has been made open to the public.

The corresponding seizure power in section 6B of the Police Offences Act 1935 may only be exercised in a public place and only where a police officer has reasonable grounds to believe an offence against section 6A is disclosed.

Without additional authority, a police officer cannot enter a clubroom that is not a public place.