Organised Crime Laws, Offences And Penalties In NSW

The NSW Government has recently passed new legislation to target organised crime and deter gang violence. These reforms follow New South Wales’ recent surge in shootings, kidnappings, and fire-bombings, which have become increasingly brazen. With gangland wars claiming 19 lives over two years in Western Sydney alone, NSW Premier Chris Minns and Minister for Police and Counter-terrorism Yasmin Catley have taken a tougher approach.

The Government has attempted to attack crime syndicates through anti-gang operations such as Taskforce Falcon, but these new laws systematically block and penalise especially dangerous trends in NSW – particularly the recruitment of children into crime and the use of “kill cars”. This has primarily been done by establishing multiple new offences and allowing courts to consider organised crime in bail application decisions.

This article will thoroughly explain the new reforms contained in the Crimes Legislation Amendment (Organised and Gang-related Crime Reforms) Bill 2026 and contextualise them with NSW’s pre-existing organised crime laws.

NSW’s Pre-Existing Organised Crime Laws

The foundations of anti-gang laws are enshrined throughout the Crimes Act 1900 (NSW), particularly Division 5 of Part 3A which covers “criminal groups”, and Division 7 which covers “consorting” – which is consistently associating with convicted offenders after being warned not to.

Importantly, section 93S of this legislation defines a criminal group as only 3 or more people benefitting from their serious crimes or committing serious violence. Further, to be liable for an offence under section 93T, you do not need to be formally part of the group, so long as you participated.

Further, even if you did not participate in any organised crime, you may be liable under section 93TA for receiving benefits derived from a criminal group. These broad laws reflect how Parliament attempts to holistically attack the antisocial behaviour and trends that are precursors to wider gang violence.

The New Organised Crime Laws in NSW

The Crimes Legislation Amendment (Organised and Gang-related Crime Reforms) Bill 2026 essentially targets what the government considers to be the beating heart of organised crime: firearms, vehicles, recruiting children, and money.

The Introduced “Kill Car” Offence

Perhaps the most groundbreaking provision in this bill is the dedicated offence for “kill cars”, which are vehicles that get burned after they are used to facilitate organised crime.

The new offence is enshrined under section 195(3) of the Crimes Act 1900 (NSW), which makes the destruction of a vehicle an “aggravated offence” if it is in connection with an “aggravated circumstance offence”, such as a serious drug or violence offence, or firearm supply.

Not only is using “kill cars” now a targeted offence, but the amendments also punish this conduct more severely, with the maximum penalty increasing to 12 years imprisonment from the previous 10.

This targeted legislation recognises the prevalent role that disposable vehicles have in organised crime and gives prosecutors the specific provisions they need to directly punish it.

New Offences And Penalties For Recruiting Children

The Minns Government has particularly targeted those who recruit children into organised crime “to do their dirty work”, acknowledging the exploitative power dynamics in these interactions, and how young people do not properly understand crime.

Gangs are increasingly using the youth as agents to distance themselves from the crimes they are actually orchestrating. With the influx of encrypted technology and the subsequent ease of reaching out to youth, this trend is only getting worse.

In response, the new amendments more harshly punish recruiting a child for criminal activity, with the maximum penalty under Crimes Act 1900 (NSW) section 351A(2) now being 12 years imprisonment rather than 10.

The legislation also creates new aggravated offences under section 351A(2A), where the maximum penalty for recruiting a child goes up to 15 years imprisonment if they are under 16 years of age, or they were recruited for an “aggravated circumstance offence”.

Importantly, the legislation explicitly outlines that the prosecution does not need to prove that the accused knew the child’s actual age, only that they did actually recruit them. Further, if an accused is charged with the aggravated offence, but the jury does not find them guilty, the accused can still be convicted for the base offence. That is, the aggravating circumstances are additional to the offence, but not necessary.

This legislation arms prosecutors with tougher penalties for the whole spectrum of recruiting children into organised crime and also aims at reducing loopholes that the accused may exploit to defend themselves.

Strengthening Laws On Public Shootings And Fire-Bombing

The new amendments have cracked down on public shootings and disorder, following sprees of gun violence that have spilled into suburban streets and local business precincts.

Under section 93G(1A) of the Crimes Act 1900 (NSW), the legislation creates a new aggravated offence for using a pistol or a prohibited firearm to cause danger. This specifically targets gang violence, as Yasmin Catley has acknowledged that pistols can be more easily concealed, and so they are more commonly used.

Similarly, the maximum penalty for firing at dwelling-houses or buildings under section 93GA has increased by 2 years, now being 16 years imprisonment. This same conduct during a “public disorder”, which is a riot or civil disturbance that causes serious risk to the public’s safety, carries a maximum penalty of 18 years imprisonment.

Specifically concerning the organised violence scene, it is now also an offence under these provisions to shoot at a “motor vehicle”. This especially targets recent trends in gang activity, displayed in the rise of “drive-by” attacks and shootings at parked cars.

Organised Crime And Bail Considerations

This legislation explicitly outlines how organised crime must be considered when courts are deciding whether the accused would be an “unacceptable risk” to the community if they were released on bail. If they are, then they cannot be granted bail.

Section 18(1)(g) of the Bail Act 2013 (NSW) now clearly states that courts must consider whether the accused has any criminal associations, including organised gang activity. While this is something that the court likely would have considered anyway, it is now expressly stipulated, in line with state case law established in Mariam v Director of Public Prosecutions (NSW) [2015] NSWCCA 216.

The seriousness of the offence is amongst other factors that the court will consider in determining whether or not to grant bail to a person charged with a serious offence.

The new section 18(2) under these amendments stipulates that an offence being committed in the course of organised criminal activity will be relevant to determining the seriousness of the offence.

Finally, certain firearm and kidnapping offences have been included under the scope of section 40 of the Bail Act, which allows courts to “stay” a bail decision for up to three days. This means that even if an accused has been granted bail, the prosecution can temporarily prevent their release while they apply to the Supreme Court for detention.

Historically, this procedure has only been reserved for offences such as murder and sexual assault, so these amendments reflect the government’s attempt to harshly target organised crime, since these offences are especially dangerous in this context.

Extended Asset Forfeiture Windows

The reforms have also extended the timeframe within which authorities can pursue the forfeiture of assets held by people subject to drug trafficker declarations from one year to five years. This is a significant practical change for prosecutors, giving investigators substantially more time to trace and seize criminally obtained wealth in complex cases.

Defences of Duress and Necessity to Gang and Organised Crime

Despite these tougher laws on organised crime, there are still ways to defend yourself if you have been charged with an offence.

Duress

Given the coercive and intimidating nature of organised crime, an accused may rely on the defence of duress if they are charged with an offence. To make out this defence, the defendant must prove that:

• they reasonably believed a threat was made to them, and that it would be carried out if they did not commit the offence,
• there was no reasonable way to render the threat ineffective,
• and the defendant’s conduct was a reasonable response.

If these elements are made out, the accused is not criminally liable and they will be acquitted.

However, the common law established in cases such as Baker & Ward (1999) 2 Crim App R 335 outlines that if you have voluntarily joined a criminal group while being aware of the risk that you might be coerced into participating in an offence, the defence of duress is not available.

As such, making out duress is dependent on the facts of the matter, but it can certainly be a viable option.

Necessity

The defence of necessity is similar to duress but concerns more spontaneous and imminent threats. To make out this defence, the defendant must prove that:

• the offence was committed to avoid certain consequences of “irreparable evil” upon the accused or those they were bound to protect, and
• the accused reasonably and honestly believed that they were in imminent peril, and
• the offence committed to avoid this peril was not out of proportion.

Given the premeditated and organised nature of gangs, it is difficult for the requisite imminence and urgency of this defence to be made out, but it may nonetheless be possible.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.