New laws targeting gang activity come into effect this week

The government has passed two new laws aimed at curbing the harm caused by gang activity, both of which will come into effect on 21 November.

These measures are designed to enhance judicial powers and equip police with tools to address gang-related intimidation and disruption.

The Sentencing Amendment Act 2024 introduces changes that make it easier for judges to treat gang membership as an aggravating factor when sentencing offenders. This provision aims to impose stricter penalties on individuals linked to gang-related crimes.

The Gangs Act 2024 implements several measures to limit gangs' public visibility and influence. The new law bans the display of gang insignia, such as patches, symbols, or representations commonly associated with gang membership, in public places. Repeated violations of this ban can result in individuals being prohibited from owning or possessing gang-related items, even within their homes.

Police powers are also expanded under the Gangs Act. Officers will now have the authority to issue dispersal notices to prevent gang members from gathering in public spaces. Additionally, police can apply for non-consorting orders, which prohibit specified gang offenders from communicating or associating with one another for up to three years.

The law includes a list of 35 gangs subject to the insignia ban. This list can be updated by the Minister of Police and is subject to review at least every five years to ensure its relevance and effectiveness.

The government has stated that these changes are intended to disrupt gang operations and reduce the fear and intimidation gangs can cause in communities. By targeting public displays of gang affiliation and preventing the congregation of gang members, the measures aim to diminish the visibility and influence of gangs while enhancing public safety.

The government maintains that the legislation balances the need for public safety with appropriate legal safeguards.