NSW introduces anti-bikie laws

Written By Unknown on Kamis, 21 Maret 2013 | 15.21

BIKIE gangs could be declared criminal organisations in NSW within months, with the state government hoping to get its modified anti-gang legislation in place by Easter.

NSW Attorney-General Greg Smith said the laws recognised the "growing threat of criminal organisations".

The amended legislation adopts crucial elements of a Queensland law, which declared a chapter of the Finks motorcycle club a criminal organisation.

The High Court last week upheld the law after the Gold Coast chapter of the Finks bikie gang argued it was unconstitutional and denied procedural fairness.

"The amendments should also give the community extra confidence that due process is being followed in these applications," Mr Smith told parliament after introducing the bill on Thursday.

He said the "hybrid" laws also included parts of the state government's previous legislation, which was defeated by NSW bikies in a 2011 court case.

NSW Premier Barry O'Farrell said the laws gave police the power to protect the public from criminal gangs.

"We're determined to get these tough new laws in place by Easter," he said.

"We did the prudent thing, waited for the High Court ruling on the Queensland laws. After careful examination, we've modified our bill.

"The NSW government is determined to have outlaw motorcycle gangs declared criminal organisations."

The amended legislation adopts the Queensland model in allowing for the Supreme Court, rather than an eligible judge, to make decisions on applications to declare an organisation a criminal organisation.

The Supreme Court would also decide what is criminal intelligence.

"A court will now need to be satisfied that members of an organisation in NSW associate for the purposes of serious criminal activity, and the continued existence of the organisation poses an unacceptable risk ... to the community," Mr Smith told parliament.

Shadow attorney-general Paul Lynch said the opposition would not oppose the bill "if it does what the government says it will do".

"We have not had time to read it yet," he told parliament.

"We are entirely committed to this legislation working."

Earlier this month, Prime Minister Julia Gillard announced plans to implement national anti-gang and asset seizure laws.

She said she would ask the premiers and chief ministers at April's Council of Australian Governments meeting to refer some of their powers to the commonwealth.

Anti-bikie legislation in South Australia was successfully challenged in the High Court.


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