The NSW Government has announced a new package of laws designed to target the modern operating model of organised crime and give NSW Police and the NSW Crime Commission stronger tools to disrupt criminal networks and bring offenders to justice.
The legislation will:
- Strengthen police powers to issue Digital Evidence Access Orders (DEAO): The new laws will remove the requirement for an accompanying search or crime scene warrant where suspected of organised crime, allowing police to apply for a DEAO where a device has been lawfully seized during an arrest, roadside stop or other lawful detention. This will enable investigators to compel a person to provide access information such as PINs or passwords, with failure to comply or providing false information constituting an offence, ensuring timely access to critical digital evidence in fast-moving organised crime investigations where delays can risk loss, encryption or remote wiping of data.
- Double penalties for refusing to answer questions or providing false or misleading information to the Crime Commission, including during investigations, with the maximum penalty increased to up to 10 years imprisonment.
Premier, Chris Minns said the new laws recognise that organised crime today rarely involves a single offender. Instead, criminal networks increasingly rely on third parties and technology to try and evade the law.
“Enough is enough. Too many organised criminals think they can hide behind technology and avoid responsibility for the damage they cause,” the Premier said.
“Organised crime today doesn’t operate the way it did a decade ago. These networks are using encrypted technology, middlemen and vulnerable young people to distance themselves from the violence they commission.
“Our message is simple: if you’re helping organised crime, we’re coming after you too.”
The Government recently passed legislation targeting organised crime networks including:
- Increased penalties for public shootings, firebombings, the use of ‘kill cars’ to facilitate gang crime and recruitment of children by organised criminals;
- Strengthening our bail laws to keep organised criminals off our streets;
- Making it easier to seize illegal assets and go after criminals’ unexplained wealth.
“Organised crime is changing and the tactics these thugs are using are more sophisticated,” said Police Minister, Yasmin Catley.
“These criminals are trying to stay one step ahead by using encrypted phones, middlemen and recruiting children as their foot soldiers so they can hide from police and avoid responsibility.
“We will not stand for it. We must be agile and that is why we are firing back with stronger laws, stronger powers and stronger tools to access and compel information and get the people driving this crime and put them behind bars,” she said.
