Big changes to organised crime have landed. On 6 August 2026, the NSW Government introduced the Crimes and Other Legislation Amendment (Further Organised Crimes Reforms) Bill 2026, backed by a $126.6 million budget package.
Premier Chris Minns stated: “Organised crime has changed, and our laws need to change with it.” The measures inside go well beyond organised crime figures, into territory that touches anyone who ends up in a Crime Commission inquiry or gets pulled over at a toll point.
This is a second wave of reform. Our earlier explainer covered the 2025 package that created the encrypted-device offence and expanded unexplained wealth powers. This Bill goes further again, and it is worth understanding before it becomes the reason you’re facing a penalty you didn’t know existed.
What the Bill actually changes
The headline change is a doubling of penalties for non-compliance with the NSW Crime Commission. Giving false or misleading evidence now carries a maximum of 10 years imprisonment, and refusing to answer questions or obstructing an investigation carries up to 4 years.
| Conduct | Previous maximum | New maximum |
|---|---|---|
| Failing to attend or answer questions | $2,200 fine, 2 years | $4,400 fine, 4 years |
| Giving false or misleading evidence | 2 years | $11,000 fine, 10 years |
| Obstructing a Crime Commission investigation | 2 years | $22,000 fine, 4 years |
| Failing to comply with a digital evidence access order | 5 years | 7 years |
Two other huge changes, which both go well beyond organised crime prosecutions. Digital evidence access orders are now unlinked from the warrant process. This means that police can now direct someone to unlock a device without obtaining a warrant first.
If the Bill passes, NSW driver licence photos will also join the national Face Matching Service, the same database South Australia and Western Australia already feed into. Police would also gain access to unredacted toll camera images, for investigations into serious indictable offences or missing person cases.
Why this reaches further than organised crime
NSW Courts has flagged that these measures “encroach upon the privacy of regular constituents,” not just people under organised crime investigation. A Crime Commission summons doesn’t require a criminal charge first, and an ordinary person served with a production notice, or called to answer questions, now faces a serious jump in penalty exposure for getting the response wrong.
The facial recognition and toll camera provisions raise a separate concern, even though the Government has framed both as targeted rather than blanket measures. Toll camera access will be kept to serious indictable offence investigations and missing person cases. The rollout starts with cameras on the Sydney Harbour Bridge and Harbour Tunnel, not the whole network all at once.
Once your licence photo sits in the national Face Matching Service, it exists there regardless of whether you were ever a suspect in anything. That’s the part the “targeted” framing doesn’t address.
Importantly, none of the above changes the presumption of innocence or the privilege against self-incrimination in a criminal trial. However, it does change how much is at stake in the investigative stage, well before any charge is laid.
What the new organised crime laws mean for the average person
If you’re served with a Crime Commission summons, a production notice, or a digital evidence access order, treat the response as seriously as you would a criminal charge. The penalty for getting the compliance step wrong can now exceed the penalty for some of the underlying conduct being investigated.
You are entitled to legal advice before you answer a Crime Commission question or hand over a device. Getting that advice early is now more important than ever. If you wait until after you’ve responded, you’ll leave yourself with fewer options.
How O’Brien Criminal & Civil Solicitors Can Help
Crime Commission examinations, production notices, and digital evidence access orders sit in a part of the process most people never expect to face. And now the rules around them just became considerably less forgiving. Our criminal defence team, led by an Accredited Specialist in Criminal Law, advises people at the investigation stage, not only once charges are laid.
If you’ve received a Crime Commission notice, a summons, or a request to access your devices, get advice before you respond.
Request initial advice (no-obligation) via the form below or call us on (02) 9261 4281.
This content is for general information purposes only and does not constitute legal advice. You should seek independent legal advice relevant to your specific circumstances.
Peter O'Brien is the Principal Solicitor of O'Brien Criminal & Civil Solicitors and Australia's leading expert in intentional torts litigation, with over 25 years of experience securing landmark victories in malicious prosecution and unlawful imprisonment cases. Author of Intentional Tort Litigation in Australia and recipient of the Law Council of Australia President's Medal, Peter has achieved record-breaking compensation for clients and is widely recognised for his unwavering commitment to access to justice.
