"In summary, this bill increases the maximum penalty for participation in an organised criminal group from five years to ten years' imprisonment," Justice Minister Annette King said in her first reading speech on 1 July.

"It also makes participation in such groups an aggravating factor when sentencing an individual for offences committed as part of the offender's involvement in organised crime," the Minister said.

"I do not believe that the current penalty level adequately reflects the range of culpability caught by s98A offending. In particular, it does not reflect the potential application of the section to deal with crime bosses who organise criminal activity without directly committing crime themselves.

"Increasing the maximum penalty for the offences covered by s98A will not only send a strong message to gang leaders that their behaviour will not be tolerated, it will also greatly increase the ability of the Police to combat these socially corrosive activities.

"S98A of the Crimes Act requires proof of the existence of an organised criminal group and of the gang members' participation in this group. In the absence of proof of a completed crime, communications interception is critical.

"However, because s98A does not carry a penalty of 10 years' imprisonment or more, its investigation does not qualify for the issuance of an interception warrant. This also means that intelligence gathered using an interception warrant obtained on other grounds cannot be used in a s98A prosecution.

"These are critical deficiencies and they have resulted in the Police being hamstrung when they have attempted to enforce the law," Annette King said.