AUSTRALIA - Barry O'Farrell shuts the bikxx law loophole

OFF THE WIRE
LAWS which would allow bikie gang members to be jailed for merely associating with each other have been revived by the O'Farrell government as it continues its fight against organised crime.
The move aims to circumvent a High Court ruling that quashed legislation from the previous Labor government after the murder of Hells Angels bikie gang associate Peter Zervas at Sydney Airport in March 2009.
The laws to outlaw motorcycle gangs and jail members for up to five years would fix loopholes which led the High Court last year to strike down Labor's bikie legislation.
But the move by Premier Barry O'Farrell is a backflip from a month ago when, in the midst of a spate of Sydney drive-by shootings, he said he could not act until Prime Minister Julia Gillard spearheaded a national approach.
The laws will reinstate previous Labor penalties for gang members who breach control orders by associating with each other - punishable by up to two years jail for a first offence and five years for a second. Recruiting a gang member could also lead to five years jail.
Under the new act, judges would be required to give "reasons" why they were banning gangs, not just approve a request from the police commissioner.
This would address the High Court's concerns, the government claims, about judicial "accountability and transparency".
Attorney-General Greg Smith's announcement today trumps an attempt by Opposition Leader John Robertson to introduce an almost identical private members' bill to try to get around the High Court judgment.
"The act will enable NSW Police to apply to an eligible Supreme Court judge to have a bikie gang declared a criminal organisation and to have control orders imposed which prohibit gang members from associating," Mr Smith said.
The government announced tougher laws to deal with the 62 drive-by shootings in Sydney since last March.

http://www.dailytelegraph.com.au/news/sydney-nsw/barry-ofarrell-shuts-the-bikie-law-loophole/story-e6freuzi-1226270189546