The NSW government is reviving tough anti-gang laws struck out by the High Court last year, saying the original legislation was flawed.
The former Labor state government introduced the Crimes (Criminal Organisations Control) Act in 2009 after the fatal bashing of bikie associate Anthony Zervas at Sydney Airport.
It handed the Supreme Court powers to outlaw bikie gangs and prevent members associating with one another.
But the law was struck out in June 2011 after Sydney Hells Angel Derek Wainohu’s High Court challenge.
NSW Attorney-General Greg Smith says his government will introduce laws to state parliament on Tuesday that address the High Court’s concerns.
“We are fixing the rushed and flawed legislation put in place by the previous Labor government, which was ultimately struck down by the High Court,” Mr Smith said in a statement.
Mr Wainohu argued that the Crimes Act infringed individual liberties and undermined the integrity of the NSW Supreme Court.
The High Court ruled against the law, in part, because it undermined normal rules of evidence, including empowering judges to hear evidence in secret.
Judges also were not necessarily required to give reasons why they were outlawing gangs and there was no right to appeal decisions.
The legislation was based on similar laws in South Australia, parts of which were declared unconstitutional in late 2010.
“Importantly, judges will now be required to give reasons for declaring a criminal organisation,” Mr Smith said.
He planned to reinstate the penalties imposed under the 2009 law as part of the NSW government’s response to recent shootings across Sydney.
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