The NSW government
says its anti-bikie laws are
different from those in South
Australia and will not be affected
by the High Court's decision on
South Australia's legislation.
judgment today the High Court ruled
against provisions in the South
Australia legislation, which allowed
for control orders to be slapped on
gang members without a court having
the power to see or review the
evidence relied on.
High Court sided with two members of
the Finks motorcycle club who had
challenged the South Australia laws,
winning a judgment in the Supreme
Court last year.
Advertisement: Story continues
Attorney-General John Hatzistergos
said South Australian legislation
was differently structured.
NSW and indeed the legislation of a
number of other jurisdictions which
have followed NSW is very
different," Mr Hatzistergos told
did take very senior constitutional
advice when we drafted our
legislation and that's the reason
why a number of variations were
undertaken in drafting NSW
legislation compared to that which
was enacted in South Australia.
issues that were the subject of the
South Australian decision are not
issues which parallel in the NSW