Submission on Crimes Legislation Amendment (Serious and Organised Crime) Bill (No.2) 2009

Author/s (editor/s):

Ayling, Julie
Broadhurst, Roderick

Publication year:

2009

Publication type:

Submission

Abstract

In the short time available to us to review the second Bill in relation to Serious and Organised Crime we focus on Schedule 4 of the amendments addressing the association and organisation offences. The attempt to address the facilitation of organised crime in Schedule 4 are in our view, novel and go some way to creating an Australian law on organised crime while recognising that the very concept of organised crime is contentious in practice. In general terms the amendments approach the problem of facilitation in a pragmatic way by focusing on the kind of conduct rather than the types of persons involved in serious and organised crime. In our view this is likely to be more effective in dealing with organised crime than other approaches such as those soon to be before the High Court of Australia.

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