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NSW: Tough new anti-bikie laws to take effect on Thursday

By Nick Ralston, State Political Reporter
02 Apr 2009 1:43 PM

SYDNEY, April 2 AAP - Laws allowing police to declare bikie gangs "criminal organisations" may be approved within hours after new legislation was rushed before the NSW parliament.

Premier Nathan Rees says the Criminal Organisations Control Bill will ensure NSW police have the powers they need to deal with escalating bikie gang violence.

The legislation will enable the police commissioner to make an application to the NSW Supreme Court to have a bikie gang declared a criminal organisation.

"These are tough and well-constructed laws," Mr Rees told parliament on Thursday.

"They aim to give no second chances to those declared members of an illegal gang."

Under the laws, gang members will be able to make submissions before the Supreme Court, but a judge can make a declaration without giving reasons.

That declaration has to be published in the government's gazette as well as one newspaper published statewide.

Gang members who associate with each other can then be charged without warning and face at least two years in jail.

The laws were introduced into parliament on Thursday, despite Mr Rees saying on Monday they might not be ready until June.

They have opposition support and are likely to pass parliament before the day's end, with both houses not scheduled to sit again until May.

Mr Rees said that despite NSW's action, the problem of bikie gangs needed a national approach to be effective, adding organised crime transcended state borders.

Similar legislation already exists in South Australia, and Queensland Premier Anna Bligh this week announced her government would look at adopting similar provisions.

Mr Rees said only those involved in organised crime need fear the new laws.

"It is important to emphasise that law-abiding motorbike riders have nothing to fear from this legislation," Mr Rees told parliament.

"But my government is determined to get tough on outlaw motorcycle gangs who masquerade as motorcycle enthusiasts."

Opposition Leader Barry O'Farrell told parliament the coalition supported the laws, saying police requested the powers last year and were ignored by the government.

He said the state government only woke up to the bikie gang problem after last month's vicious Sydney airport brawl between feuding bikie gangs.

Anthony Zervas, 29, died as a result of the fight.

His brother, Hells Angel Peter Zervas, 32, is in a serious but stable condition at St George Hospital after being shot as he sat in a car outside a Sydney unit block on Sunday.

Five Comancheros bikies have been charged with affray over the March 22 airport brawl with the Hells Angels.

Mr O'Farrell said he wanted to ensure the public was protected from the violence.

"I would have no problem if you put all the outlaw motorcycle gang members in two rooms and allowed them to shoot themselves to death," he told parliament.

"I would have no problems with that at all.

"But in the current climate of NSW you have drive-by shootings, you have bashings, you have bombings, you have murders, that at any stage could affect an innocent bystander.

"That is why we need to give police these powers."

The NSW Greens want to halt debate on the laws until parliament resumes in May in order to properly consider and seek community reaction to the legislation.