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What to do if pulled over by police

Rider pulled over by police licence checks

Riders intercepted by police have been advised to record the conversation, no matter where they are. But it is crucial in Queensland where police now have greater powers to detain and search under the world’s toughest bikie laws.

Accredited criminal law specialist Kurt Fowler of Fowler Lawyers says an amendment to the Queensland Police Powers and Responsibilities Act basically allows police to search people for things such as tattoos.

While all the attention of the Queensland Government’s anti-bikie laws has been on the draconian Vicious Lawless Associations Disestablishment (VLAD) Act, this amendment has largely gone unnoticed.

“The amendment to section 29 of the Act authorises police to detain and search persons who they reasonably suspect might be a member of a criminal organisation,” Kurt says. “There was previously no right to do anything but demand you to identify yourself such as with a driver’s licence, but police had no right to insist a person remove clothing to check for tattoos, unless they were arrested. The key expression here is ‘reasonably suspect’, so clearly that would include the concept that while a person is riding around on a bike without patches they might have tattoos that identify themselves as members of declared criminal organisations.”

That means anyone on a bike or wearing biker clothing can be reasonably suspected to have criminal associations in Queensland. That is nothing short of discrimination and “profiling”, yet it is now enshrined in Queensland law.

“The difficulty with that is a police officer can say to a person that they have a reasonable suspicion, but in reality that would be totally unreasonable,” Kurt says. “I have been looking at this new act for a number of people who are perceived to be bikies and what is disturbing is I’ve seen footage of people at the side of the road where they have their shirts off and police are taking photos of their tattoos. When you think about it, if you were walking down the Queen St Mall on your way to have dinner and the police pulled you over and asked you to remove your shirt to check for tattoos that would be an extraordinary invasion of your privacy.
“What if it’s a female or someone who is particularly modest? They would find that incredibly unreasonable. However, it would be difficult on the side of the road to challenge the police for fear of being arrested.”

Some Australians may be confused about their rights based on Hollywood movies, says Kurt. “The difference over there (USA) is that they have a Bill of Rights which enshrines rights of free speech and freedom of association etc. We don’t have a Bill of Rights,” he says. “We have a Constitution which may be interpreted as a Bill of Rights but it’s not specifically enshrined. You hear people in America talk about their Constitutional rights, but what they are really talking about is the Bill of Rights.”

Unfortunately, Kurt says the best advice is to comply with the police. “If they refuse, undoubtedly they would be charged with obstructing a police officer in the execution of their duty and would have to appear in court where, typically, they could cop a fine of a few hundred dollars,” he says. “The other issue is if a person was to challenge it and say ‘no, I’m not going to take my shirt off as I don’t think you have reasonable grounds’, a court would not accept that in defence. The proper procedure is you let them do it and then challenge it in court; but, of course, the horse has already bolted then.”

So it’s a Catch 22.

However, you can improve your chances of challenging the matter in court if you have suitable evidence such as a video or audio recording of the interception, Kurt says. “Fundamentally they should comply with the police, but they are entitled to say to a police officer ‘on what basis do you reasonably suspect I might be a member of a criminal organisation?’. In many cases their answer will be because you are riding a motorbike. I can’t see how it would do any harm to video or record that conversation.”

Kurt says you are legally entitled to record the conversation and you do not have to ask the police permission to record. “If you walk up to me in the street and start a conversation, I don’t have to disclose to you that I am recording it. Over a phone it is different,” Kurt says. “The police do it all the time, so why can’t you?
“The only times they aren’t running recorders is where their behaviour is circumspect. I can’t see why people wouldn’t want to record their interception by police these days. If the police are as transparent as they say they are, they shouldn’t complain or refuse. Plus, if they know they are being recorded, they will treat you differently.”

Kurt says riders pulled over by police can expect to be questioned, based on anecdotes from his clients. “Police will start asking – and being quite blunt – who are you, where are you from, are you a member of a club and being fairly direct,” he says.

If you believe the police have acted inappropriately, you can have your day in court to exonerate yourself, but don’t expect the police to cop any fines or penalties.

Brisbane solicitor Jim Feehely, there are many provisions that make the police immune to criminal misconduct when exercising powers and discharging responsibilities. “Police are also generally immune from civil liability as long as they think they are acting under some legislative authority,” he says.
“It also seems that in acting under the criminal organisations legislation, the police can refuse to identify themselves by name, rank and number, or at all.” He says that if you are arrested, the best advice is to contact a lawyer.

So if you believe you may be pulled over, make sure you have the name and contact details of your lawyer in your phone when you head out for your ride. If you need to find a solicitor in Queensland, click here.

  • Meanwhile, the Australian Motorcycle Council has established a fighting fund to support any High Court challenge to any of the anti-bikie legislations. To read more about the fund and to donate, click here.
  1. Just another reason not to visit Queensland , want a bike friendly holiday ? Go to the USA . I hear that in Hawaii the Highway Patrol actually smile & wave at the Harley riders . In South Dakota they have a sign at the main airport welcoming Bikers . In Milwaukee the Police actually come in to the motel carparks to ask the out of state Bikers if everything is ok . These are personal experiences .

    1. My wife and I rode from Larned Kansas to Milwaukee and back this past summer- I can tell you, I have never been anywhere that the police or the citizens were more friendly and helpful than in Milwaukee. Come over here the States- we will take ya!

      1. will you take all the outlaw bikies that put drugs on the streets, assault the innocent, treat women badly, break into your house, maim and murder etc etc ? because these are the bikers that brought all this on

    2. they welcome bikers but not outlaw bikers, If it weren’t for outlaw bikers none of this would be happening

      1. Not taking anything away from truly innocent victims, but really ?? Their own crime stats show that the OMCG are responsible for 0.4% of ALL CRIMES, that means that they are spending a hell of a lot of tax-payer money on harassing a lot of innocent people? Why, probably because it’s affecting the tourist dollars on the GC.

        Imagine if they put half that effort into flushing the Catholic Church of pedophiles ?

      2. Yeah, send the police after the innocent bikers. That’ll teach those outlaws who’s the boss.

        While they’re at it, why not send them after

  2. You may wish to check acma website on voice recording 50% or greater of the persons present must be aware of there voice being recorded, one on one you do not have to disclose as soon as your out numbered you must disclose your recording same applies to police be ware it’s federal law! Bigger penalties if you don’t play within the law

  3. I’ve never owned a bike. Ive riden one maybe 50m in my life. I was pulled over in a car and questioned about the local clubhouse, what tatts i had, who i knew in the club and all because i have a beard and there is a biker clubhouse 2 streets from where i work. Disgusted in Newmans actions and new laws….

  4. To be honest, If you are not doing the wrong thing, why should you be worried ?.

    Back when I was a P plater, It was certain that I would be pulled over when passing a mandatory RBT. Although I’m a non drinker, I would never feel discriminated against and like these new laws, they are in place to protect… not to punish good people. Sure new legislation can be inconvenient at times, but unless you are part of a criminal organization, you have nothing to worry about and keep riding 🙂

    1. Mark, I am sure we all agree – if that were true, then innocent people wouldn’t need to be concerned, would we? That is precisely the point, innocent people are being pulled over and questioned in a manner more suited to living in Russia. We have rights for innocent people not to be interrogated without a good reason, its a free country. Perhaps you don’t care, Mark and that’s your prerogative to say so in a free society. I m over 70, a ‘respectable’ consultant, but I ride a bike, and have a memory bank about repressive regimes, and allowing the police to operate as they see fit.

    2. I’m sorry but you need to read the act in its entirety, not once does it mention “bikies”, it mentions associations, which could be anything, literally any group of people over 3 could be questioned under suspicion of association with a criminal organisation. Whats mentioned here, is also an invasion of privacy and 100% discrimination, I have been in situations where a friend has had to strip down at a train station in the middle of the day and prove that he wasn’t affiliated with any bikie gangs, just because he has tattoos, the cops weren’t particularly polite about it either and they are allowed to do this because of the ethically questionable laws put in place by a right wing fascist.

    3. mark you are truly misguided to just keep it simple and sweet.
      when you get stopped 3-4-5 times on one journey, and have to remove your clothing each time regardless of weather conditions or where you stopped you will no doubt change your mind.

      1. I don’t like going to the dentist, but they get rid of the poo. it’s unfortunate, but it’s better than the alternative. I don’t hate the dentist. I hate the plaque. 😉

    4. “If you are not doing the wrong thing, why should you be worried ?” Are you serious? There are so many things wrong with that clichéd statement: https://www.schneier.com/blog/archives/2006/05/the_value_of_pr.html

      “Privacy is an inherent human right, and a requirement for maintaining the human condition with dignity and respect. […] Too many wrongly characterize the debate as “security versus privacy.” The real choice is liberty versus control. Tyranny, whether it arises under threat of foreign physical attack or under constant domestic authoritative scrutiny, is still tyranny. Liberty requires security without intrusion, security plus privacy. Widespread police surveillance is the very definition of a police state. And that’s why we should champion privacy even when we have nothing to hide.”

    5. Mark, these new laws aren’t ‘bikie’ specific. Nowhere in the legislation does it mention ‘bikies’. These laws can be used against anyone, not just bike riders. The government is using the ‘big bad bikies’ as their propaganda wagon to sell the laws but in reality, they can and are beginning to be used against the general public for any reason. This is why there are groups downcrying these ridiculous laws. They are a farce. They were actually used against general public on Stradbroke Island recently after the Island Vibe Festival as the public were partaking in ‘Drum Circles’… and not a bikie in sight. So your insight is very short sighted I’m afraid. These laws affect anyone of the general public, including you and your family. I am not a member or affilliated or even know a member of a ‘bikie’ club, yet I now cannot ride with more than two friends, or amass with more than two friends if we are on bikes, without the threat of arrest. Do you think that is fair? I have not done anything wrong, and have a clean record, yet because of my choice to ride a motorcycle, I am now categorised as maybe being an outlaw criminal, and am not allowed to ride with friends anymore. Thats not democracy, thats a police state.

      1. Can you give details of the closing down of the drum circles at Stradbroke Island. Not a Facebook link, but a new’s link or a statement from QPS. I have done a search and couldn’t find anything on that. Looks like it is becoming an urban ledgend.

    6. How naive you are! This new law is not only illegal, immoral and unjust but it takes away YOUR civil liberties. If the authorities had evidence to prove certain clubs (clubs and not gangs. Clubs have constitutions) or individuals in clubs are doing illegal activities, why don’t they use them? It is the job of the prosecuting body to prove you are doing something illegal and not your job to prove you aren’t.

    7. WOW- You Aussies are all cinched up aint ya? I thought you all had more freedoms than that? Oh well, we got Obama over here, it will be that way soon enough. I feel bad for you all over there. I would never give up my freedoms just so they can make SURE Im not a criminal.

      1. Don’t you go preaching to us Mr Preacher man , you lot and your guns have far worse problems than we have ever had , this is just a bad reaction and sure to ruffle a few feathers for awhile but rest assured it will die down after a bit . Every now and again , authority has to stand up and make a statement , maybe clean out some infestations around the place , and we have a few of those in ethnic gangs and some bike gangs who spit in the face of the law . Life is subject to change and we certainly don’t want to emulate the good ol USA , things will settle down and mates will be able to go on a joint ride in a lawful manner . Governments change too and you can bet that Newman , hopefully , will get booted in a couple of years or so , no need to start rioting and make it worse , let it die a quiet death …..

        1. Wow you need to do some more research try looking at what hitler and stalin have said about the best way to controll a population

    8. So you don’t mind if the police require your wife/girlfriend to remove her clothing in public while they check for tattoos?

        1. But they can, that is the point. People are being harassed. Innocent people are being victimised.

        2. Yes, they have. I know of 2 cases personally and 1case involved a woman, on a Hayabusa, who was required to remove articles of clothing and another where a younger rider was required to strip to his underwear on the side of the road

    9. Mark- you have no idea. I was a “P-plater” before the Fitzgerald inquiry got rid of the corruption in the Qld police and I’ll tell you straight up you have SO MUCH to worry about you should be very very scared.

      1. QLD cops are still the most corrupt in Oz – go to “http://thadeus-sez.blogspot.com.au” and read ‘cops corruption – the longest yard’ as well as the speeding bit of bull. Newman will go down in infamy and Joh will be laughing in his grave.
        Bend over and kiss your arse goodbye, Newman – you turned from good guy to monster in a blink and we voters don’t forget.

      1. Craig I have read you posts and to me you seem like a copper, more power, more arrests, more arse kissing quick promotion , but I could be wrong, you may just be a lover not a fighter.

    10. Mark you’re an idiot, it’s about the small print. Wake up!! It’s a slippery slope to diminished rights. A little here and a little there. Wake up mate.

    11. Because of harassment, When I was a P plater, anytime a cop ended up on the road behind me I was pulled over. A neighbour Police officer told me it was because I had; long hair, (as I’m male thats OBVIOUSLY out of the norm -_-) an older car, rims on the wheels, generally dirty-ish car and I was a P plater. The only thing that didn’t typecast me into “6/6 this guy’s definitely being pulled over” were tattoos. I didn’t drink, I had my car registered and I followed road rules yet I always had a fine of sorts as a result.

      I have been off my P plates for over 3 years now and I’ve NEVER been pulled over. I can only imagine the amount of harassment someone typecast of being in a criminal organisation has to put up with.

    12. Because Mark, not everyone is perfectly ok with being harrassed, pulled over when on their way to work, being made to take clothes off on the side of the road and having their body photographed in full view of the public. What if your boss drives by? What if your new gf’s parents drive by? What if you already harbour a poor self image because of body issues and you are being FORCED to strip off in full view of the public by an overly enthusiastic cop who doesnt know the difference between a rice rocket and a harley, all the while making you late to an important job interview? Bikie crime is so stupidly low that it is practically irrelevent and now innocent people have to put up with this bullshit because the govt wants to be seen to fix an issue they had the media beat up. More people die because of ambulances being late and hospital waiting lists, yet we fund this bullshit rather than fix the hospital system.

    13. It’s the fact that – with my blue hair, piercings, tattoos and cruiser – I could be asked to expose myself on the side of the road to prove that I’m not a member of a gang.
      I’m not doing any wrong, and this is turning into a witch-hunt. How about the QLD people pull their heads out of Murdoch’s arse and wake up to the reality that the government are – once again – scapegoating a social minority to achieve their own twisted ends?
      Seriously, every month I spend living in this governments regime makes me want to live in NZ more and more.

    14. Mate it’s comments like this that allow laws like these to go unchallenged. I use to say the same thing until I realised that it’s not about being honest or dishonest it is about giving up our right to a Corperation that will affect future generations. Will it stop crime NO, will it affect our children if they choose to ride in the future YES. It’s starting to look like the book 1984

    15. Really, so the fact that if you are walking , driving or riding a push bike gives Police the right to stop you, question you and then photograph you ( and order you to remove your clothes to do it in public) because you have a tattoo and treat you like a criminal just because bikers have tattoos. This happened today in Toowoomba and it is so wrong. This is going to effect everyone on some level. Last time I looked having a tattoo was not a criminal offense and profiling is a form of discrimination.

    16. That’s the problem. Can you honestly say that every member of a so called OMG is a criminal and every person who knows a person in a club is also a criminal. If youbelieve you have been snorting the fairy dust. I ride a bike, have never beena member of a club and have never been arrested or have a criminal record. I have worked with a member of a club and never a harder working bloke have I ever met. Over the years I have known a couple of members but not to hang around with. Does that now mean I am a criminal also. You and people like you are narrow minded idiots.

    17. Mark- being pulled over for a legitimate reason, eg. breathalyser, is one thing, but when more than half a dozen coppers pull you over for a licence check, etc, that is harassment. My son and family live in Queensland, and as my preferred method of transport is motorcycle, I would sooner pay for them to fly to NSW than risk the crap that Queenslanders are suffering!
      You’re right- if I have done nothing wrong, then I have nothing to fear- except dickhead bullies in uniform. I spent most of my school years being bullied, and decided 50 years ago- NO MORE! If I went to Queersland, I would probably end up in gaol for defending myself against those bullies. Time the people North of the border stood up. Think about it- 6-8 officers surrounding a rider doing the right thing, legally, when they could be fighting the crime that Adolf Newman and Herman Beije are raving about!

    18. You wouldn’t have the faintest idea about the meaning of the word inconvenient Mark…So getting harassed as old mate did (21 times) is convenient for you is it?….do you even believe the dribble you speak?….FFS!

  5. Good call but cops have a tendancy to confiscate any recording device claiming it is evidence. and what recourse do you have, none, what proof of the incident, none.

      1. This QLD… they make the laws to suit themselves… and they will take your stuff without reason, and then it is up to you to jump through hoops to get justice for yourself… you can be painted as guilty until you prove yourself innocent…

  6. Question: Being a female, if stopped on the road and I supposed to take of my shirt and/or pants in a public place to display my tattoos in public to any and all in the vincinity? Where do I stand on that?

    1. You have the right to say back off buddy, I want a female here 🙂 Same with any gender/preference alignment, you have the right to request the gender of the searching party..
      Unless something has changed or the new bill has changed that, anyone know of this?

      1. Incorrect, you can only request same sex. Infact you don’t need to that is the only option. I know because while arrested for a nothing charge that was easy to be found not guilty for, i was stripped nude by a group of men while pleading for a female to do it

  7. Mark, by your statement it seems you don’t seem to have had a lot of life experiences behind you. RBT’s are there to apparallently save lives, not revenue raise as most of us supect. Speeding fines to save lives not revenue raise as most of us supect. IF these laws were working, we would no longer need RBT’s or radars would we. The longer you are on the road, hence the slowing traffic, then the longer you/we are on the roads which in turn leads to increasing the chance of you doing/not complying with the roads rules, therefore a BETTER chance of the police catching you doing something stupid like, no indicater use or possibly speeding as you are nearly home, even if there was every chance it was safe for you to get to your home by speeding. You may have even done this by being tired and not noticed your speed…..But I ride and I do not have one single conviction against me, one speeding ticket in thirty years of road use, plenty of others in the same situation, so why SHOULD I NOW BE CLASSED AS A CRIMINAL because I ride a bike, because I know or associate with someone from a club, who by the way has a record the same as mine. I do take exception of police taking my photgraph for no reason, it will be quite easy for a case of mistaken identity with these new laws, your pic is on your licence these days is it not??So that is proof of person am I not correct. The problem is with the taking away of OUR RIGHTS TO SPEAK. Are you saying just because a women has all the female body parts, that makes them all prostitutes, well they all have the chance to do so but most don’t, the same with riders, we have bikes but most don’t do drugs…….

  8. To be honest, If you are not doing the wrong thing, why not let them rampage through your house, your kitchen, your bedroom? Why should you be worried?

    Sorry, but no. They have no reasonable grounds to suspect me for criminal behaviour, so they can get knotted. And it’s criminal behaviour from them to make false accusations. So they can get doubly knotted.

  9. I am going to QLD and I will be riding my Harley , I am so sick of all this shit I am covered in tattoos and I shave my head and have ear rings as well I have been a AUSTRALIAN BIKER ALL MY LIFE AND I HAVE NEVER BEEN CHARGED OR CONVICTED FOR ANYTHING AT ALL ,, now if I get harassed I will be following the line of discrimination , it is An absolute outrage that these Polly’s put all motorbike riders under the one banner ,,as far as I am concerned I will ride where I want when I want , if the law have such a big problem with the 1% bikers , then the 1% bikers need to address it , cheers to all

  10. I have ridden a motorbike for 40 years and I have no problem with the new Queensland law. But then again I am not a criminal and have a full motorcycle licence – unlike a majority of the ‘outlaw bikers’ who seem to be lucky if they actually even hold a learner’s permit.

    1. Paul, the owners of the massage parlors that got raided on the gold coast are not criminals either. IF you don’t fear these laws then you don’t understand what you’re talking about.

    2. How do you get your knowledge, Paul? This majority you speak of… I’m guessing you know for a fact the status of their licenses, otherwise you wouldn’t be so bigoted as to make such a sweeping comment. So you are either a cop – and a pretty poorly informed one at that, you’d better go and look for the Pink Panthers, I heard that’s a club name too…. …OR: you’re an associate? So which is it? You see, I know many OMG members, and have served countless hundreds of them while in hospitality jobs (they were all perfect gentlemen too, by the way), they all have good jobs (well they used to have good-paying jobs, right up until the head of your narrow-minded, corrupt regime moved in), and they have families and morals… …and here’s something that might surprise you, they have full licences. The only bloke I ever met who continually had no license yet continued to ride was not connected to any club.
      So again, where’s your “intel” coming from? I reckon you’ve been brainwashed. You probably think your kids aren’t safe with bikies either, but that’s okay, just leave little Johnny with a nice man with a tie. For the sake of our planet, Paul, and your like minded friends, pull your head out of the back of your Bonds and wake the hell up.

  11. Mark, firstly, the Motorcycle Clubs in question are mostly not criminal organizations. Secondly, bad laws that persecute anyone have no place in Austalia. You don’t just throw your human rights away because its not going to hurt you personally.

    It is now illegal for some Queensland citizens to be in or ride in groups of three. It is illegal to wear certain items of clothing into a bar or bottle shop. It is illegal for some Qld citizens to go into places they own or pay rent for. This is not the Australia I want to live in.

    You asked “If you are not doing the wrong thing, why should you be worried?” Well, many of the bikers in “outlaw” Motorcycle Clubs (the alleged “criminal bikie gangs”) were not doing anything wrong, yet many have lost their jobs, careers and businesses.

  12. As a victim of crime at the hands of druggies associated with a bikie gang, I am only too pleased to see some action being taken…FINALLY. But as someone who has grown up in a household of bike lovers/riders it would be a shame to see these laws abused by the police. However, this hasn’t happened yet….maybe you are stirring a storm in a teacup?? I think most police are going to be way too busy dealing with the real trouble makers ….no time or energy to harass the rest of us!

    1. sorry diva. HAS HAPPENED. Last week on the gold coast cops decided to raid massage parlors because of possible bikie links, no proof, not even a reasonable suspicion. – IF you owned a massage parlor you got raided. These law abiding citizens would not have been harassed in the past when evidence was required. And if police decided to go after “the real trouble makers” newman would allready be in lockup- thats the biggest crime – bypassing due process.

    2. sorry diva but i have to disagree there… they aren’t just harrassing the Outlaw Criminal Bikers… I have friends who ride bikes, aren’t crims, haven’t done anything wrong and have been pulled over for riding a bike… And I’ll tell you now, it’s not just the bikers being harrassed, it’s every day citizens. My daughter has a learners permit and was driving to work in my commodore. Just because she was a learner they decided to harrass her. My right hand tail light was out (it’s common on commodores), we got pulled over, for a license check, a breathalizer and about my tail light. The police officer in question admitted to me that it’s a common problem with my kind of car. But she gave me a defect notice for it anyway. She could have just given me a warning to get it fixed. I had a spare light bulb, my daughter told her that she was on her way to work (out of town mind you) and both police officers went back to the car to write out the notice, they took half an hour to write the notice. If my daughter hadn’t left for work earlier than she needed to she would have been late and possibly stand a chance to lose her job, over a tail light.

      This is certainly NOT a storm in a teacup, and they aren’t dealing with the actual troublemakers, they are harrassing the general public. NOT JUST BIKERS

  13. The problem is the law is so gray, if they decide they don’t like you all they have to do is say we think you’re a bikie and you’re stuffed, some one almost got arrested for wearing a shirt with a t.v. show on it the other day.

    1. What does’ almost arrested’ mean? How do you know they ‘Almost got arrested’ What a stupid thing to say. You information is obviously reliable and accurate :p

  14. What is the government doing, I’ve watched loads of travel programs, singing the praises of motorcycling in your country. Now that I am no longer able to work due to Ill health I was about to come to your country to tour by motorcycle with my wife. After reading this and other recent articles and showing them to my Mrs, We have decided to spend our four weeks and all my savings touring Asia and South Africa instead. I’m sure there will be a large number of people who will have the same reaction as myself, depriving your country of tourist income.
    Chris Jone “Pug”
    Chairman
    Yffenics MCC
    South Wales (the one in the UK)

    1. Loads of places you can get into trouble in the world , and Asia and SA are no exception . Deadset if you put off your trip because of this , fair enough , your privilege but honestly I don’t know what you are afraid of . For all these discussions there are thousands of bike riders out there every day who are not having a problem and won’t have , eat a spoonful of cement and get out here , we are a friendly country …

  15. I attended Sturgis this year, 500,000 bikers in one spot. I saw a handful of police who were traffic controllers. The difference between their system and ours is chalk and cheese. Americans know their rights and march for them, we increasingly have no rights and are apathetic believing our government knows best. It may have to do with how the countries were settled. One by free religious zealots who sailed to America for greater freedom albeit religious, the other were sent out as prisoners with no freedom and whipped into submission. Australians need a Bill of Rights.

  16. Campbell ” Souperman” Newman wants to go back tothe 50s to steal The White Australia Policy and bring it back to the present…with combed backed bryll cream hair and when people had respe t for the church ..when people loved their local lawman…Amen my sweet Carnies

  17. I am from NSW and have never needed the services of a lawyer except for the purchase of property and certainly not for any criminal defence. Is there a list of lawyers in QLD we can use or who are prepared to be contacted in the instance we are pulled over . A list od legal contacts posted on your website would be helpful. I regularly ride into QLD to attend motorcycle rallies, attend charity rides and visit friends but am now revising this attendance due to these new laws. Sadly, as a result of these laws rallies and charity rides will either be largely scaled back or cancelled which is a real shame as they raise much needed funds for charities and other philanthropic causes.

    1. I have contacted the Queensland Law Society for a list of suitable lawyers.
      Meanwhile, Kurt Fowler mentioned in the story can be contacted at kurt@fowlerlawyers.com.au.
      Also, Peter Shields comes recommended by a solicitor friend (and BMW GS tragic) as a very good criminal lawyer at Newfarm: http://www.petershieldslawyers.com.au/content/?id=2. Peter was a detective before studying law and setting up his own criminal practice.  Any clients my friend has with criminal/traffic issues, he refers to Peter.
      Here’s hoping you don’t need their services! 

  18. I have a question. At the end of this information it says to carry the contact details of your lawyer at all times. Does this mean that if I say hang on I want to call my lawyer they have to wait for you to do that before they can strip search you? Can you demand legal representation be present before they can proceed?

    1. Thanks for your inquiry. Our legal counsel, Kurt Fowler, says the police don’t have to wait for you to contact your lawyer. “They are not questioning you or conducting a formal interview, must making preliminary inquiries which they are entitled to do. If they want to formally question you because they suspect an offence has been committed, then there are issues about whether you are entitled to delay that until a lawyer arrives. When it comes to people’s rights to have a lawyer or friend present when being questioned the law sometimes distinguishes between a traffic and criminal offence. You are more likely to be permitted lawyer in a criminal matter.”

    1. One thing everyone is overlooking is that it was lawyers in government who framed these laws taking away our rights. Under the Federal Constitution we do have a bill of rights and its also illegal for lawyers to sit in the parliament. why ? its because its their job to make presentation on our behalf to the parliament when asked.
      The Act to Constitute Australia is a British act based on what our politicians put together and accepted by Britain.
      as a result we inherited Magna carta ,and all british laws and also we are still British subjects as we have never had a referenda changing this But the snakes in our government which Australians stupidly keep re electing keep lying to us about it. The Last politician to serve the people of this country was Harold Holt which is why they murdered him.

      1. That sounds good in theory but as far as I’m aware the High Court only recognises Australian Law , not British Law .

        1. They will recognise it if its put to them in your argument . But as they are now controlled by the bankers they just do as they are told they now ignore our constitution as it suits them and our other courts are maritime courts. But if we learn how to comprehend the language of our courts we will not be trapped and in fact by learning our crimes act we learn how to avoid their punishments which is why so many real criminals walk free.

  19. Having just ridden back from phillip Island to Qld. we were only pulled over once…in Victoria. The officers were polite, friendly, explained what they were doing and generally being nice. This was in a small country town and we were soon on our way. i ride most days around home and are yet to be pulled over. i think we need to remember this is Newmans policy and the police are the ones who have to enforce it.

  20. First Paul your a Wanker .. and second I have no issue but the fact is i have 100 of Tattoo including ny private parts so I will find it ever so funny to watch the over the top antics by the police and recorded each and every Tattoo.. proudly displaying my weary old after 4 kids body to all to see, on the side of the rd am sure the government will get more protest from the poor drivers passing by … just another bullshit cop out by Government to try control what they Never will be able to OUR FREEDOM … keep digging your grave Campbell hopfully you will fall in 🙂

  21. we just need more bikes of all kinds on the road get rid of the cars.
    Newman your a joke…
    but lets thank all the people that voted for him as they helped this bulls@#% as well.

    1. You may get your wish when the petrol prices break through the $2 then $3 a liter and beyond in the coming years

  22. cir·cum·spect
    [sur-kuhm-spekt]adjective
    1.
    watchful and discreet; cautious; prudent: circumspect behavior.
    2.
    well-considered: circumspect ambition.

    Perhaps you meant suspect?

  23. Police searches for tattoos. Good grief. A Clinical Psychologist in Queensland told me back in 2009 that the QLD Police and Child Safety view people with tattoos as people highly likely to abuse children. This is the mentality of Queensland. I will never go back.

  24. ” Fundamentally they should comply with the police, but they are entitled to say to a police officer ‘on what basis do you reasonably suspect I might be a member of a criminal organisation?’.
    “In many cases their answer will be because you are riding a motorbike. ”

    I’m sorry, but ‘riding a motorbike’ is NOT reasonable suspicion.

    “Vicious Lawless Association members ride motorcycles. You ride a motorcycle, therefore you are suspected of being a member.”

    I’m sure VLA members drive cars as well. Does that mean anyone driving a car is under reasonable suspicion? What about going shopping? VLA members must shop at some stage. Are we to expect to be searched for tattoos whenever we go to the local Woollies? If these sound ridiculous, they are no more so that the motorcycle riding one.

    Police Officers should be required to give better reasons for their suspicions. And taking photo’s of tattoos and identifying marks? Shouldn’t this be restricted to being done at a Police Station?

  25. Don’t forget the name Jack Dempsey. Minister for Police, member for Wide Bay (?)who has been complicit in framing and passing these laws… because he gets more cops, more resources and more ‘credit’ for the law and order fear mongering he is doing… Dempsey is a (dumb) ex-cop turned (crony) politician, and is as bad as Newman, worse perhaps because he encourages and protects the corrupt cops to continue doing this stuff… wait until next year, at the G20 summit, and see the cops walking around the streets with military weapons, anti-terrorist vehicles and then say you don’t see that it has gone too far… Qld – beautiful one day, fascist the next… I was assaulted by Qld cops, framed and sent down by Qld Cops… I just moved from QLD… I’m much happier and less stressed… Would still be a part of the firing squad for Dempsey, Newman et al if I was asked – wouldn’t that be ironic – Newman brings back the death penalty, and then the public rise up, he is put on trial for crimes against humanity, and is found guilty… mandatory sentencing anyone?

    1. I notice you didn’t publish your name Cynic , got something to hide ?
      I don’t like Newman either but this is stirring up paranoia unnecessarily .

      1. Vaughn, my name is my business and if you have a reason to know it, then you can tell me that reason amd ask me for it… If the cops want to wander into your house on some suspicion and poke and prod around, would you let them…? I have been through the ‘mill’ with QLD police, unjustly… I am not stirring, I am not paranoid… but I would suggest that you see yourself as some self appointed censor or editor, who are you to question what I write, you don’t know me, my background or my story… when you have had my experience, then you can question my motives – but if you had my experience, then you WOULDN’T question my motives… I see in your posts above you are either naive, or some sort of an apologist for the police… In a free society, I have as much right to voice my opinion as you do… I don’t have anything to hide, in fact, I have been quite clear and detailed on other forums as to the issues I have with the QLD police service… I also know by direct experience that many people say too much and allow themselves to be traced on-line… I have my reasons (valid and relevant) for using a screen name… what are your reasons to be questioning me…? is Vaughn Thompson your real name? I don’t care… I added my voice to the conversation, I did not chose to get into a conversation with other posters on issues that are not relevant or are off-topic…

      2. So, Bearded1, Spell, pufalo, pogo… all valid names?, or are you going to call them out for taking you outside your comfort zone and stirring up your moral indignation about what names people use to post comments…? sheesh, it the Internet… get over it…

  26. Recommending a lawyer is terrible advice. Go to MarcStevens.net to learn how to challenge jurisdiction. This is the most effective damage control available.

  27. I don’t care what the law says. Soldiers fought for our freedoms. Soldiers are still fighting taliban so we are safer from attack at home and abroad. I didn’t serve 10 years in the military, watch my grandpa torture himself with memories of WW2 so some idiot can question me over tattoos and the fact I ride a bike? I’ll dam well refuse, they can arrest me and take me to court. We all need to take a stand and stop letting the cops do this to us bikers. They want to search me for the act of being on a bike? HELL NO! STAND UP FOR OUR RIGHTS! These laws can be removed as quickly as they were brought in, the more people let the cops get away with it, the longer it will take to get rid of them.

    1. Cameron you have hit the nail on the head and as an ex serviceman i would do the same. People need to wake up there are more of us than politicians and police put together, just look at what happening in the Ukraine.
      When pulled over stand your ground and inform the police that obeying orders is no excuse to committing a crime as the Nuremburg war crimes tribunal proved.

  28. come on folks let’s look at the first part of this law

    “The amendment to section 29 of the Act authorises police to detain and search persons who they reasonably suspect might be a member of a criminal organization,”

    well is qld police going to look into their own ranks, are our politicians going to disclose all their so-called work-related expenses?

    wat about CEOs of major companies?

    as the general population – we the minions – we vote for them but as their employer we don’t seem to have any rights when we disagree in what they do. So where are the true crooks and corruption?
    wake up, smell the roses. We’re all screwed. I will get another bike oneday and to hell with them. I might get some tatts too, just to give them something useless to do.

    lol such is life

  29. Sounds a lot like how they conveniently got rid of needing reasonable suspicion to pull a car over. You are driving a car therefore we suspect you of being drunk. Nekminut, you can be pulled over just for driving.

  30. As a female rider am I expected to take my shirt off for a male police officer on the side of the road? I would happily ride to the nearest police station to do it in front of a female officer but not on the side of the road for some cop to get his cheap thrills.

  31. Not going to plan any holiday to QLD now. Such draconian laws and implementation is un-Australian!!!

  32. This should get very interesting as the Harley Owners Group are having their National rally in May in Cairns!…. 20,000 plus Riders, all patched and most tattooed! May get interesting……

  33. Just come on down to Tasmania-best roads freindly people/police, cold weather/Beer no worries….

  34. all i can say is its easy to see half these comments are from non bike riders as if you were you whould see what a pack of imbasiles we have makeing our laws ffs

  35. These new draconian laws have very little to do with stopping organised crime and a great deal to do with giving the politicians and police ultimate power over any organisation they see as a problem. This will include environmental organisations, human rights orgs etc. It was Benjamin Franklin who said “Those that give up liberty for security will lose both”. Anyone agreeing with these laws has their head in the sand. It’s common for oppressive governments to make laws for what appear to be valid reasons only to use them against their political opponents. Wake up Australia. We are fast heading down the same road as pre 1939 Germany. It’s time we demanded an Australian Bill of Rights.

  36. I’ve got a l….o….n….g t….a….t….t on the old fella …
    Do I have to flash it in public ?

  37. What was needed is for the cops and courts to make the existing laws on drugs and weapons and organised crime work properly, crack down using those laws and they wouldn’t need these new laws. And if they pull me up and expect me to strip beside the road they are sadly mistaken…..and I am one who is not going to take anything for fear of being arrested.

  38. Hello?? If you are all as outraged as you say, then here’s a tip. Go to The Motorcyclists Australia Party facebook page and sign the GetUp petition I have there for a Charter of Human Rights. Demonstrate your outrage in a practical manner…

  39. We do have a Bill of Rights, The English Bill of Rights, which is enshrined in our law via the Imperial Acts Application Act (Qld 1984). All states and the Commonwealth have this act. Government don’t care though and rely upon people’s ignorance to make up illegal “laws” as they go along.

    1. I’m unsure , not being in England , that we could rely upon this Act . In any event , the English Bill of Rights may not have anything in it that may be useful to this particular VLAD legislation .

  40. I am an retired police officer have been riding bikes for 40 odd years & yes I got a ticket for speeding when I was 17. I am a member of two motor cycle clubs which I am proud of and I had to give up bikes last year due to health. Having said all that first the new laws (in relation to bikers) are not going to do anything to stop criminal or drug related matters. Those that are guilty or suspected of criminal matters are well known to police and now these laws are going to force them underground and into vehicles but they are still going to do what they have been doing and it is going to make policing harder than it already is.People are raving on about bikes but the Act says any persons forming a group of 3 or more so it could effect everyone and it looks like NSW & Victoria are looking into this Act also. Lastly all these people talking about Campbell Newman I wonder how many of them voted for him? I didn’t.

    1. Exactly CJ… forcing them underground, and into unknown (to police) situations and locations makes it harder to focus on the criminal element… it’s like using a trawler to catch a single goldfish – the cost and harm done by the boat and net is huge, and the goldfish slips through the net anyway… better to use some goldfish food and wait for it to come to you…

  41. The anti smoking ads on tv slowly got more demanding and de sensitising and more stupid and graphic.Then when they believed they had used up that advance on our rights they targetted alchohol and also unfriended a whole generation against bycles back in the early 90’s.Need i see more crap on TV and closet selling of stuff behind curtains in shops.Hardly giving our new children confidence to differenteraite between bad stuff and good stuff being offered.If its all bad where will kids see the bad stuff when offered.But maybe thats the educated devious plan.Clubs and groups when riled up now dont have a leg to stand on.

  42. Great article, but don’t you think taking your shirt off for five minutes is nothing compared to the thousands of teenagers in our country that die every year and families have their lives destroyed as a direct result of bikies gangs and their operations in our country. These gangs specifically target teenagers so really they are no better than child molesters. If things don’t change whats to say we wont end up like mexico. For real change to happen in any community everyone has to make a sacrifice.

    1. Its the big Chance for Campbell “Souperman” Newman to lead an angry mob of fearful alcoholic prescription addicted hypocritical mums n dad’s on a noisy witch hunt in an ugly private school wannabe pure white 1950s white god preaching and crucifying distraction from their fading nouveau rich halcyon days…GET A DOG UP YAZ

    2. How about they target the cops that are responsible for the 3 largest drug hauls since ’07 ? The gov own stats show that less than 1% of ALL crime can be contributed to OMCG’s so as a taxpayer I would prefer they actually spend the money chasing the big guys, if a couple of “bikies” actually doing crime get caught up, I have no sympathy. But it used to be, you had to do crime to be a criminal, now it’s how you look and where you drink? or get tattooed?

  43. I don’t ride on the road, though I road race, and am a member of a motorcycle club, and yep I’m over 60. I think I’m reasonably justified in asking, WHY, yes come on, why did Queenslanders think that the National party was good for Queensland? Are they Dumbed down maybe! short memories, maybe! addicted to the evening TV news, possibly. Well whatever, you’re all stuffed now, and as our half-witted prime minister is going to find out, once a parliamentary law or act is passed and in place it is usually there for perpetuity and very few incoming “new” governments are able to, or wish to rescind acts of parliament. So don’t get your hopes up that when Herr Newmann leaves the scene of the crime anything will change…. Red, white or blue, the next Queensland government will like these new laws as much as the previous….. you have to remember they are all politicians, and they love staying onside with the newspapers. I think Rodney Rude had it right in the first instance.

  44. Kurt. I.m not a lawyer but let me teach you about the law

    1. Modest females will have the services of a policwoman

    2. There is nothing nothing wrong with profiling, it helps coppers do their job. The anti profiling thing came out of the USA via the Oprah Winfrey show supporting blacks who need to find a politically correct way to attack cops

    3. We don’t need a new Bill of right.. As a former QLD attorney general said Magna carta stil exists in QLD

    4. The 1688 Bill of right was transferred with all English law to the colony and still in force today. It is better than and modern ” bill of rights “,

    1. I’m curious about your item #2. I’m pretty sure police and customs can’t search everyone who goes thru an airport just because they look a Muslim. I assumed this was due to requirements you can’t profile – yet the police are now doing it to every motorcycle rider. Why is this so?

    2. Whoever said the Magna Carta still exists in common law in QLD was not of this era or was referring to parts of it existing. Former AG in former times probably. Many parts of the Magna Carta including trespass have been purposefully wiped out by new laws to prevent the State from having to pay out extra damages for police trespass amongst other things. I think alanbstardmp you should leave the law to lawyers. I am not a lawyer but I have reason to know that when the police act unlawfully there is no justice for their victims. I am a modest female and I don’t care if it was a female officer or not who was asking meto strip in public cos that is where it is happening, on roads and streets.

    3. Profiling is just another form of making it up as you go along and has nothing to do with finding a person committing an offence and having the courts do their job. profiling is giving police powers to be judge jury and executioner and is the forerunner of martial law which are on there way here soon. Next stop is to imprison all who oppose the control of our lives and we will be put in the refugee camps which were built for this specific purpose to await our execution as of no value to the banksters. We are being reduced to the level of being no morre than a disposable commodity. wake up world.

  45. Ummm , we are no longer a colony , don’t know if that arrangement carried over when the States were Federated .
    I also think you should use spellcheck .

    1. Chris L : If you read it correctly , The Australian Constitution still stands and over rides a lot of the so-called laws and “acts” as the government calls them. We the people are still bound by the sovereign, and if read correctly it is now the Police Service, not Force so therefore they are there to serve us The People not the government of the time. This sounds a bit strange but it is worth obtaining a copy, a full copy not the short version the government will put you onto. This will show you just how much of our RIGHTS have been taken, UNLAWFULLY I will add. The Constitution will stand until we become a republic, which in my opinion will be a lot worse in dictatorship then we have going on right now. Also understand that we are not under, maritime law, a law that STATES you are guilty until innocence is proven. Something Premier needs to remember. They have to prove we are guilty not us prove our innocence. Anyway have a read and make your own mind up.

      1. Grand Constitutional Theft. the 1886 Qld constitution ( act) was altered without referendum. the new qld constitution was past early 2000’s again without referendum and stamped by a treasonous parliamentary secatery. now that we the sovereign people have no say and have no common laws in qld. any high court needs to extends the hand to the Australian constitution (thats if its still there) to fight these control laws.

  46. Some idiots need to understand we have COMMON LAW……………the police have no right under common law to even approach you unless they intend to arrest you. Without those grounds they have no other right. I would suggest that ALL Australians familiarise themselves with COMMON LAW……!

  47. I find myself reading this in laughter , Kurt is 100% Mickey Mouse . I’ve been caught under this probable cause , reason to suspect , the whole eastern side is subject to the ( lets be honest ) lies of police . If a demon wants you charged with anything , doesn’t matter if there is no evidence , he or she in there opinion has probable cause to deliver that order charge etc . Now that is an opinion nothing factual most times a fairy tale , could be that they were annoyed you didn’t address them as sir or ma’am , these new laws entitle police to lie twist and exaggerate the truth to suit the story they imagine , police swear to uphold the commonwealth protect and Serve , they are public servants after all , none of this probable cause is justified warranted because you are innocent until proven guilty . Take the video guys , police come unstuck and this video is key to you clearing your name , all of a sudden you are not faced with an arrogant cop they can’t process wats going on in their head with doing there job , creating the fairy tale and watching the camera it’s to hard for them , I’d be confident in 98% of the time using a camera , if its at night be sure to capture there face and another officer will try to blind the camera via torch , it’s a free country you are given the right to film them despite wat they say , phone lock your phone as they are cunning and will try to delete it if they know they have stuffed up there duty , try to record start to finish , this politician has created one of the biggest human right violations Australia has seen , it will go to court and they will backflip dramatically , but the judge works for who ?? We may get a independent qc sure , but merely puppets on a string will control the verdict , sad times for Australia , fortunate I live in wa police don’t use the probable cause if you are just the average joe , campell Newman for every thing that goes up must come down eventually , hope you fall on your sword your waving around , a parasite has more common sense than you . Come up with a good name “Gobby lips ” cause hes sucked his way to the top .

  48. In the citation below Judge Stephen Kaye says that under old common law the police cannot lawfully stop people unless they make an arrest. What seems to happen is that by engaging with the police and complying people place themselves in statutory jurisdiction and thereby give up their common law rights and freedoms. Fear or a lack of knowledge forces people to comply and consent rather than stand in common law jurisdiction.

    By remaining in common law jurisdiction it is then the police that are breaking the law by committing breach of the peace and aggravated assault. No wonder the old common law has been sidelined so much by rulers. By replacing it with statutory legislation rulers can make acceptable behaviour into a crime and crime into acceptable behaviour. That is perhaps why enormous crimes in govt and finance etc go unpunished or get a wrist slap whilst regular people can go to jail for traffic offenses or petty crimes. The answer may be to recognise and reassert the common law and educate the police for the common law automatically protects people’s inherent rights and freedoms.

    Andrew Hamilton v DIRECTOR OF PUBLIC PROSECUTIONS November 25, 2011, Supreme Court of Melbourne, Common Law Division – Judicial Review and Appeals List No SCI2011 – [notwithstanding that the police had reasonable grounds to suspect property had been obtained by deception and the police assumed they had power to take the fleeing suspect into custody for questioning prior to arrest], Justice Stephen Kaye concluded in part:
    “…submissions were based on the implication […] of a power to detain a suspect for questioning. The conferring of such a power, on a police officer, would be a substantial, and indeed a radical, detraction from the fundamental freedoms which have been guaranteed to the citizen by the common law for centuries.”
    [2] BREACH OF THE PEACE http://thelawdictionary.org/breach-of-the-peace/ Black’s Law Dictionary 2nd Ed
    Violation of the public tranquillity and order. The offense of breaking or disturbing the public peace by any riotous, forcible, or unlawful proceeding. 4 Bl. Comm. 142. ct scq.; People v. Bartz, 53 Mich. 493, 19 X. W. 161; State v. White, 18 R. I. 473, 28 Atl. 968; People v. Wallace. 85 App. Div. 170, 83 N. Y. Supp. 130; Scougale v. Sweet, 124 Mich. 311, 82 N. W. 1061. A constructive breach of the peace is an unlawful act which, though wanting the elements of actual violence or injury to any person, is yet inconsistent with the peaceable and orderly conduct of society. Various kinds of misdemeanors are included in this general designation, such as sending challenges to fight, going armed in public without lawful reason and in a threatening manner, etc. An apprehended breach of the peace is caused by the conduct of a man who threatens another with violence or physical injury, or who goes about in public with dangerous and unusual weapons in a threatening or alarming manner, or who publishes an aggravated libel upon another, etc.

  49. I wonder how the system would cope if everyone refused to comply with the police? I assume the lockups would be full and the court system would burst at the seems if everyone did so. Worth it for $200?

  50. I was at the Gold Coast airport standing in line at Hungry Jacks with my wife in a wheelchair when this cop pulled me out of the line and started to interrogate me. He wanted my ID, he wanted to know were I was going and why, for how long and then he went and got he’s mate with the sniffer dog to come over and have a go. It was really intimidating and embarrassing in frount of hundreds of people. So are you saying that under common law I could have told him nothing and said to him are going to arrest me? If not go away and stop harassing me?

    1. Michael , have you complained formally about this ? Another additional option is a post about your experience on the visit Queensland FB site .

    2. There is a reason why they did that and all the time look at how u dress look anf actions if u get picked on there is a reason and a wheel chair has nothing to do with it they will get that sniffed to if they had to

  51. So Lawyers are telling us if pulled over cooperate and then engage a Lawyer? Sounds like a great way to scare up some more outrageous legal fees. Clearly the Lawyers are loving this 😉

  52. This should have not been allowed the police can and should not have any right to pull u over and take your clothes off, so in this case do u have the right to pull police over and take photos of them and take their shirts off check their back grounds! So we as a public know if these are not corrupt cops or we can’t know WHO is the Law! And who does it affect? If u need to swear on the bible than what if your not religious than this must mean if u are not a religious person than the law does not apply to these people?

  53. You have to give them name and address b/date and that’s all,
    you have a right to silence, answer “no comment”,
    all police in queensland have audio recorders and some have camera on their belts you’ll see them turn it on as they walk towards you at a traffic stop.
    90% of all successful convictions are because people talk to police, not to mention innocent people, no comment and admit to nothing until you’ve spoken with a solicitor.

    1. You’re right. Police can entrap you into a comment by saying (for example) “Do you have any reason to be speeding?” If you answer no, you have admitted to speeding. If you answer yes, you have also admitted to speeding. The correct answer is “no comment”.

    2. Unfortunately Fred they can more or less do what they like because they are conducting a criminal investigation , not a routine traffic stop .

  54. This is supposed to be the lucky country? Under Newmans law, it’s not. He is such a low life dog and I hope all this draconian shit falls flat on it’s arse. Block the courts yup with petty bullshit, instead of putting away REAL scum. You can’t even socialise with your family and friends anymore. Screw QLD….won’t bother spending my holiday dollars there. Will go somewhere else. Not going to QLD again.

  55. I am not a Biker of any sort, I have ridden a moto cross bike a little when I was younger that would be about the extent of it, recently a group of four military friends where riding their Harleys on a country ride, and yep you guessed it they were pulled over for no other reason than being on bikes, they handled themselves quietly and asked why are we being pulled over, the officer calmly apologised and told them sorry boys I have to do it now, the situation was resolved calmly but left a very bitter taste in the diggers mouths,,,,,so also having been a serving member at one stage and seeing other countries with suited bureacrats making these rules and regulations, and then for some people to say “well if you are innocent you have nothing to worry about” …….WELL I SHOULDNT BE PULLED OVER IN THE FIRST PLACE IF I DID NOTHING WRONG…WHATS THE NEXT STEP ROAD BLOCKS ON EVERY MAJOR ENTRY INTO THE CITY….BUT HEY IF YOU DIDNT DO ANYTHING WRONG AND YOU ARE INNOCENT WHY BLOODY NOT.

  56. So, the police over in Oz can actually ask to see your ink can they, even if you aren’t wearing your club colours? Haha, that would also get me arrested for indecent exposure. I wonder how much my tattoo that says “- – – – – CUT HERE- – – – – ” right around my foreskin would offend them. Best of luck to ALL Aussie bikers (back patches and others), in fighting this.

  57. I really would have thought that a motorcycle magazine would be trying to make note of the fact the that VLAD act never mentions the word “bikie”. I suggest everyone read the VLAD act for themselves. It’s not very long. Just read the section on what is an associate, and what is an association. It basically says any group of 3 or more ppl. Pretty vague. This legislation can be used against almost anyone. The government is pulling shifty here and is blaming this new law on bikies so that it will be thought a legitimate law by the public when the act comes up for review in 3 years time.

  58. Good lord! The stupid corrupt cops aren’t all corrupt. Majority of cops also have tatts themselves these days and oh there is even a fair few of them who ride motorcycles too!! Who knew! I also want to point out that while you have all made some fairly valid points how about we take a second to remember that there is a MINORITY of police who will use this legislation with ill will, so stop painting the majority with same tarred brush hey!

    1. Perhaps you are confusing corruption with overzealous enforcement and plain harassment . A corrupt cop is one who takes bribes , fabricates evidence etc etc , a Cop can be on a power trip and or harass people he doesn’t like , but not be corrupt , per se .

  59. J, the legislation is actually quite clear and not vague. The propoganda paints it that tuck shops could be charged etc but that’s not the case.

  60. Pretty piss-weak law. What happens if you’re a bikie driving a car? Getting undressed out in the open, what the hell are they thinking?

  61. What about when it comes to the 2014 Philip Island round of the Moto GP? Are the “OVER ZEALOUS” police gonna be pulling up every single group of 3 or more bikers riding from Queensland to Melbourne for the race? Again, some of the bikers may be wearing club colours, some won’t but jeezus pulling them over just because there are more than 3 of them riding together is a joke. It’s called a run, or a ride out. It’s what we do

    1. They dont pull u over for that gee wiz ive seen 20 bikers ride together going past the police its just a group its only 3 or more of gang members and if u are a gang member u deserve everything u get

  62. Well that legislation is clearly discriminative against bikers that happen to look like stereotypical bikers – thats hard to like!!

    As we all know the vast majority of bikers are good people, including the majority of bikers in gangs / clubs.

    As with all society there is always the regrettable few that are bad, in the case of bikers sadly there are a few isolated gangs that are bad to the core and that creates a bad reputation for all of us good guys and gals.

    Yes… giving the cops the rights they have under these regs is invasive and annoying when all you’re trying to do is get on with life in a law abiding way, but if you have nothing to hide it isn’t something to be scared of!!!

    The advice in the article is good… record interactions with the cops. If it is a one off… well, good to know that they are trying to get the bad out of society and you’ve been given the all clear.

    If you keep getting stopped under these regs… get those recordings and take it to court… to my mind it would stack up as police harassment!!!!

    If enough of us do that they may have to reconsider the law!

    Of course that could all go wrong if the police powers as they stand currently prove an effective way of reducing crime!

  63. This article is not purporting the whole story or truth. Under the Australian Constitution and The Commonwealth Constitution Act 1900 UK, we have more rights than any lawyer will tell you. I mean seriously. If you go and learn your rights under common law, then you don’t need a lawyer. Nor do you have to answer and questions the police may ask you or produce any documents whatsoever that may incriminate you. In other words, unless you are under arrest, you don’t even really have to pull over for the police. At the time of them putting their siren on, you are clearly not under arrest, so therefore you do not have to pull over. Though I wouldn’t recommend that as they will chase you and more than likely smash in your window as most police have no clue as to the common law rights of man,

    Refer Precedent Justice Stephen Kaye – Melbourne Supreme Court Ruling – 25 November 2011

    or

    Magistrate Duncan Reynolds – Melbourne – July 2013

    The lawyer in this article mentions that our Constitution hasn’t been enshrined? What exactly does that mean? I’ll tell you what it means. It means nothing. He is merely protecting and upholding the system that feeds him and his family. He would not have a job if everyone read The Commonwealth Constitution Act. Get a free copy at http://www.knowyourrightsgroup.com.au

    1. U need to be locked up if the police put there siren on it meens pull over either and most likely u have done something wrong or its just a random check

      1. Sorry! but a siren and flashing lights does not in anyway mean for you to pull over.
        Do some homework please.

  64. People get it all wrong the police only target bikers that ride ilegally dress like a crim or gang member just were normal bike shop gear and just dont have tattoos and keep your bike legal ive never been pulled over on my 1400 and sometime pass a dozon cops on a ride

  65. Hey! The bottom line is that we are losing all our human rights big time.
    What are we going to do about it??????
    Stop pissing around talking.
    Get some action going, grow some Balls.

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