The State Government intends to push ahead with its plans for legislation to outlaw motorcycle gangs, despite South Australia's anti-bikie laws being deemed invalid by the Supreme Court today.
Revelations that South Australia's anti-bikie laws are invalid has cast doubt on similar legislation elsewhere in the nation.
Attorney-General Christian Porter said he intended to proceed irrespective of the South Australia decision.
"The central reason why we did not rush legislation into parliament in this sitting was because we were aware of this impending South Australia decision and wanted to analyse the outcome to see how we could avoid difficulties with our own legislation," Mr Porter said.
SA was the first State or territory to introduce anti-bikie laws aimed at dismantling the 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 - Sandro Totani and Donald Hudson - challenged the orders in court, arguing they were unconstitutional.
In a judgment delivered on Friday, the Full Court of the SA Supreme Court declared the control orders, made under section 14 of the Serious and Organised Crime (Control) Act 2008, invalid.
NSW has enacted similar laws while Queensland and Western Australia were set to follow suit.
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