Crimes (Criminal Organisations Control) Bill 2012: the constitutional issues
The revised legislative crime control scheme would likely survive constitutional challenge in the High Court.
On 15 February 2012 the NSW Attorney General, Greg Smith, introduced the Crimes (Criminal Organisations Control) Bill 2012 [the 2012 Bill] into the Legislative Assembly. The Bill was passed without amendment and transmitted to the Legislative Council on the same day.
As explained in the Explanatory Note for the Bill, the purpose of the legislation was to re-enact the Crimes (Criminal Organisations Control) Act 2009 which was declared invalid by the High Court in Wainohu v State of NSW (2011) 278 ALR 1.