Source: stuff.co.nz/
Australia - Bikie gangs could be declared criminal organisations
in NSW within months, with the state government hoping to get its modified
anti-bikie legislation in place by Easter.
The state government had been awaiting a High Court case testing a Queensland
law declaring a chapter of the Finks motorcycle club a criminal organisation.
The Gold Coast chapter of the Finks bikies argued the Act was unconstitutional and denied procedural fairness. But the High Court last week upheld the validity of certain provisions of the Act, which has been studied by the NSW government.
A bill which replicates Queensland's anti-bikie legislation was introduced to the NSW parliament on Thursday.
"We're determined to get these tough new laws in place by Easter," Premier Barry O'Farrell 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 outlawed motorcycle gangs declared criminal organisations."
O'Farrell said the laws gave police the power to protect the public from criminal gangs. Attorney-General Greg Smith said the amended legislation adopted 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.
"The amendments should also give the community extra confidence that due process is being followed in these applications," Smith said.
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 (COAG) meeting to refer some of their powers to the commonwealth.
Anti-bikie legislation in NSW and South Australia has previously been successfully challenged in the High Court.
The Gold Coast chapter of the Finks bikies argued the Act was unconstitutional and denied procedural fairness. But the High Court last week upheld the validity of certain provisions of the Act, which has been studied by the NSW government.
A bill which replicates Queensland's anti-bikie legislation was introduced to the NSW parliament on Thursday.
"We're determined to get these tough new laws in place by Easter," Premier Barry O'Farrell 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 outlawed motorcycle gangs declared criminal organisations."
O'Farrell said the laws gave police the power to protect the public from criminal gangs. Attorney-General Greg Smith said the amended legislation adopted 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.
"The amendments should also give the community extra confidence that due process is being followed in these applications," Smith said.
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 (COAG) meeting to refer some of their powers to the commonwealth.
Anti-bikie legislation in NSW and South Australia has previously been successfully challenged in the High Court.
