SA bikie laws declared 'invalid'

ADELAIDE - South Australia's anti-bikie laws have been declared invalid by the state's Supreme Court, casting doubt on similar legislation elsewhere in the nation.

But the South Australian government has defended the legislation and says police can press ahead with seeking control orders against members of the Finks motorcycle gang.

In a majority judgement today, the Full Court of the SA Supreme Court found orders made under section 14.1 of the Serious and Organised Crime (Control) Act to be invalid.

The decision was hailed by the lawyer for the Finks gang, Craig Caldicott, who described it as a triumph for the "little guy".

But Attorney-General Michael Atkinson said control orders could still be obtained through section 14.2 of the act, which required police to prove the person's organisation existed for the purpose of organising, planning, facilitating, supporting or engaging in serious criminal activity and represented a risk to public safety and order.

"The government was right to introduce this legislation and it will seek urgent advice from the solicitor-general as to our next steps," Mr Atkinson said in a statement.

"We respect the court's judgement and we will review and consider the judgement's impact on section 14.1 (of the laws)."

Mr Atkinson said the South Australian public could be assured that the government would continue to tackle outlaw bikie gangs.

Police commissioner Mal Hyde said he had noted the court's ruling in relation to section 14.1

"We will examine the matter and make a decision on how to proceed," he said in a statement.

But Mr Caldicott said he expected the government to appeal what was a "great judgement for my clients".

"We have been vindicated," he said.

"Civil liberties have triumphed ... to help the little guy.

"This is all about freedom of association. This is all about people being able to link or associate with anyone else that they like."

SA was the first state or territory to introduce anti-bikie laws aimed at dismantling the outlaw motorcycle clubs.

SA's legislation empowered police to ask magistrates to place control orders on bikie gang members, effectively banning them from associating with each other.

Eight members of the Finks motorcycle club had control orders imposed on them. But two members - Sandro Totani and Donald Hudson - challenged the orders in court, arguing they were unconstitutional.

NSW has enacted similar laws while Queensland and Western Australia are set to follow suit.

NSW Attorney-General John Hatzistergos said there are key differences between the bikie laws in NSW and those declared invalid in South Australia.

Mr Hatzistergos said he would examine the SA court's decision but said the state government had taken constitutional legal advice when drafting its legislation.

Under the NSW law, control orders are left up to judicial discretion and applications are heard by Supreme Court justices, not magistrates, he said.

- AAP