NSW Shadow Minister for Police Walt Secord today introduced a bill into State Parliament to target the “unexplained wealth” of criminal drug gangs.
NSW Labor has drawn a line in the sand on criminal drug gangs operating in Western and Southwest Sydney – saying NSW Police must have the power to break up and destroy organised crime bosses and their associates – and to hit them where it hurts.
Mr Secord this morning (June 22) will introduce the Criminal Assets Recovery Amendment (Unexplained Wealth) Bill 2022 into State Parliament.
Under the tough new laws, it will be easier to make an unexplained wealth order against serious criminals by removing the requirement that there be a “reasonable suspicion” that the person against whom the order is made is engaged in serious crime-related activity.
A simple “balance of probabilities” test will remain, requiring only that it is more likely than not that the unexplained wealth was acquired unlawfully.
Furthermore, the bill will extend the power to seek an unexplained wealth order to the Director of Public Prosecutions, in addition to the NSW Crime Commission which currently is the only body with the power to seek such orders.
The decision to make an unexplained wealth order will remain with the Supreme Court.
The Minns reforms are primarily based on Western Australia’s laws. Similar laws exist in the United States and the United Kingdom.
“This bill shows that NSW is once again taking leadership in protecting the community and countering sophisticated criminal gangs and their activities,” Mr Secord said.
“The Perrottet Government has been dragging his feet on tackling criminal gangs in Western and Southwest Sydney.
“We have seen evidence of family members of well-known criminal gangs, living in public housing, with no obvious legal income streams, turning their homes into fortresses – with tens of thousands of dollars of security equipment and protection – well beyond their means.
“These laws do not target people doing a cashy for a lawn mowing job, we’re after people who are killing people or procuring murders in the streets. This is not about targeting the small-scale street dealer who is selling drugs to feed their addiction. This is about targeting top-tier drug barons.
“NSW Police need to have the power and resources to seize the assets of those who are suspected of organised crime and who are unable to explain why they have extravagances like expensive Maseratis, Ferraris and Rolex wristwatches – but somehow live in public housing or in seaside mansions – in both cases without any obvious legal means of financial support.
“These reforms from Chris Minns and NSW Labor will make it that much easier for police and prosecutors to go after these criminal parasites. “It is time to reclaim the streets of Sydney from criminal gangs. It begins with seizing their ill-gotten gains.”
On May 17, NSW Labor Leader Chris Minns called on the Perrottet Government to make good on its promise to introduce unexplained wealth laws – and on June 6, he indicated that Labor would be introducing a bill to State Parliament if the Perrottet Government did not act.
(The Perrottet Government has been promising to act on unexplained wealth since March 12, 2021.)
Earlier this year, after charging 18 alleged associates of a crime network, the NSW Police Commissioner Karen Webb told the Sydney media how it would be alleged that some of those individuals had raked in more than $250,000 a week –despite not having “any obvious forms of employment”.
Mr Secord said: “I see no reason why an organised crime leader should not have to explain where he got his wealth, but a law-abiding small business person can expect to be hounded by the Australian Tax Office on every minor detail in their business tax return.”
WALT SECORD MLC
SHADOW MINISTER FOR POLICE
