Bikies’ bid to overturn
anti-consorting laws overturned by the High
October 08, 201412:39PM
Nomad Simon Tajjour.
A BID by bikies to overturn the NSW Government’s
tough anti-consorting laws has been rejected by the High
Court of Australia in Canberra this morning.
The full bench of the court ruled the laws are valid and
rejected all aspects of the claim.
Under the laws it is illegal for known criminals to
regularly associate with each other, punishable by a maximum
penalty of three years’ jail.
The legislation was introduced by the NSW government in
2012 in a bid to ease growing violence involving bikie gangs
and organised crime groups.
Nomads Simon Tajjour and Justin Hawthorne, who were
arrested under the legislation, challenged the laws.
Charlie Foster, an intellectually disabled 21-year-old,
also challenged the laws after he was jailed for consorting
with petty criminals in Inverell.
“Today the High Court by majority upheld the validity of
s 93X of the Crimes Act 1900 (NSW) which makes it an offence
habitually to consort with convicted offenders,’’ a
“The Court accepted that the provision effectively
burdens the implied freedom of communication about
government and political matters. But the majority of the
Court held that s 93x is not invalid because it is
reasonably appropriate and adapted, or proportionate, to
serve the legitimate end of the prevention of crime in a
manner compatible with the maintenance of the
constitutionally prescribed system of representative
The case is the latest in a series of High Court battles
between bikie gangs and state governments.
The High Court is currently considering a challenge to
Queensland’s new anti-bikie laws.