Crimes (Criminal Organisations Control) Act 2009 (NSW)

ON 3 APRIL 2009, the NSW Crimes (Criminal Organisations Control) Act 2009 came into force.  The main purpose of the Act was “to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations and their members”.

When challenged in the High Court of Australia, the Act was held to be invalid on constitutional grounds, namely, that the absence of an obligation for a Supreme Court justice to give reasons for a declaration is contrary to the proper exercise of the court’s jurisdiction: see Wainohu v New South Wales [2011] HCA 24 (23 June 2011).

The NSW parliament subsequently redrafted the legislation: see Crimes (Criminal Organisations Control) Act 2012.

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