THE NSW government is to rewrite its anti-bikie laws after being warned that
flaws in the legislation could leave it open to another embarrassing challenge
in the courts.
The Crimes (Criminal Organisations Control) Act, introduced after a wave of gaxxx violence earlier this year, was intended to replace laws that were thrown out by the High Court last year.
At the time, NSW Attorney-General Greg Smith said the Coalition was "fixing the rushed and flawed" legislation of the Labor government.
In April, NSW Police Commissioner Andrew Scipione gave his staff four weeks to draw up the paperwork to have the Hells Angels declared a criminal organisation under the revised legislation.
This application, which is several folders thick, has since been passed back and forth between the police and state government, while independent counsel have warned the legislation remains open to a challenge.
The government has now privately conceded it will need to be redrawn, possibly as early as next month, as it fails to address the Hells Angels' organisation in separate chapters, rather than one identifiable hierarchy.
Wayne Baffsky, counsel for the Hells Angels, said he would consider another legal challenge to any new attempt to have the gaxxx declared a criminal organisation.
A separate Supreme Court challenge to the government's new consorting laws, which make it illegal for convicted criminals to communicate, is expected to be launched within the next fortnight.
At least three members of the Nomads gaxxx are among about 10 bikies who have been charged under this legislation, with NSW police understood to be waiting for the court to rule on their appeal before issuing further charges.
Mr Smith declined to comment yesterday.
The Crimes (Criminal Organisations Control) Act, introduced after a wave of gaxxx violence earlier this year, was intended to replace laws that were thrown out by the High Court last year.
At the time, NSW Attorney-General Greg Smith said the Coalition was "fixing the rushed and flawed" legislation of the Labor government.
In April, NSW Police Commissioner Andrew Scipione gave his staff four weeks to draw up the paperwork to have the Hells Angels declared a criminal organisation under the revised legislation.
This application, which is several folders thick, has since been passed back and forth between the police and state government, while independent counsel have warned the legislation remains open to a challenge.
The government has now privately conceded it will need to be redrawn, possibly as early as next month, as it fails to address the Hells Angels' organisation in separate chapters, rather than one identifiable hierarchy.
Wayne Baffsky, counsel for the Hells Angels, said he would consider another legal challenge to any new attempt to have the gaxxx declared a criminal organisation.
A separate Supreme Court challenge to the government's new consorting laws, which make it illegal for convicted criminals to communicate, is expected to be launched within the next fortnight.
At least three members of the Nomads gaxxx are among about 10 bikies who have been charged under this legislation, with NSW police understood to be waiting for the court to rule on their appeal before issuing further charges.
Mr Smith declined to comment yesterday.
