Anti Hoon Laws Unconstitutional

[Jim Goose]

Originally Posted by Loud_Noises

Post of the thread. The constitution of Australia is exceptionally vague and doesn't place concrete, unambiguous restrictions on the powers of the states and the federal governments. Unlike the US, their constitution has distinct separation of powers and places limits on what the government can't do.

What passes as a justice/legal system in Australia is a joke and needs to be overhauled from top to bottom.

It kinda does... it gives powers to the state by form of recognission of its laws.

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 118
Recognition of laws etc. of States

Full faith and credit shall be given, throughout the Commonwealth to the laws, the public Acts and records, and the judicial proceedings of every State.

However it also says this:

COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT - SECT 109
Inconsistency of laws

When a law of a State is inconsistent with a law of the Commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.

In regards to power to seize items which are used in criminal offences... thats a hard one as I still cant find the relevent Federal law. (if there is one).
If there is no relevent federal law, then the states can do (as i see it) as they please basically.

The only part of the article posted by the OP which makes sense as to why the ruling was over turned is this part:

Chief Justice Chris Kourakis ruled in Mr Bell's favour, saying the so-called anti-hoon legislation took away the discretion of the courts and applied a double punishment to offenders.

Which is all fine and good.... but this then also sets a precedence to other criminal cases where the crown tries to take away property used in SERIOUS CRIMINAL activity such as drug running etc...??

If a person is a habitual offender, then what is the solution?
(an example was shown on that new aussie police show where a L plate motorbike rider was caught doing 178kmh in a 100zone riding a bike too big for his licence category.... 6 weeks later 110kmh in an 80zone... both times his bike was taken away. clearly he didnt learn his lesson, and clearly having the bike taken away didnt work!)

There will always be bogans with low IQ who will continue to offend no matter what the punishment dished out.

Frankly ban them for life from ever owning a vehicle and having a licence if they are too stupid to learn.