Source: mondaq.com
Public law report
10 October 2011
Article by Lee Corbett
In Wainohu v New South Wales (2011) 278 ALR 1, the High Court of Australia declared invalid legislation enacted by the New South Wales Parliament to target organised criminal groups, in particular "bikie" groups that had been the subject of significant media attention in 2009.
The Crimes (Control of Criminal Organisations) Act 2009 (NSW) (the Act) is an Act for "the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations and their members".
On 6 July 2010, the Acting Commissioner for Police for NSW made an application under the Act for a declaration that the Hells Angels Motorcycle Club was a "declared organisation". If successful, this would have exposed its members to the possibility of a "control order"....
The Crimes (Control of Criminal Organisations) Act 2009 (NSW) (the Act) is an Act for "the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations and their members".
On 6 July 2010, the Acting Commissioner for Police for NSW made an application under the Act for a declaration that the Hells Angels Motorcycle Club was a "declared organisation". If successful, this would have exposed its members to the possibility of a "control order"....
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