The State Government says it would be difficult for the case of a Queensland father of two held in solitary confinement after allegedly delivering a pizza to Rebels bikie members to happen under WA anti-association legislation.
The arrest of the so-called "Yandina Five" has caused a stir in the Eastern States, especially the detention for a month of Joshua Carew, 30, who is accused of being part of an outlawed gathering when he delivered food to his boss at a pub.
The Queensland Government has made it an offence for three or more participants in declared criminal organisations to gather in public but Mr Carew's wife has disputed that he is a Rebel.
Mr Carew reapplied for bail in the Supreme Court yesterday but will have to wait until Tuesday for a decision.
Acting WA Attorney-General John Day said that under WA laws, organisations could only be declared "criminal" by a Supreme Court judge or retired judge and only members subject to control orders issued by the court would be banned from associating.
Control orders would only be granted if the court was satisfied the recipient was a member or former member of the criminal organisation, was in serious criminal activity and regularly associated with other members of the declared group.
Shadow attorney-general John Quigley said he was satisfied the WA laws were significantly different from the Queensland legislation.
"However, the Government is to be condemned for failing to use them," he said.
The WA laws came into effect in October but WA Police would not reveal which organisation they intended to target first. "The Government said these laws were urgent," Mr Quigley said.
The laws introduce mandatory minimum jail terms for members convicted of certain offences, ranging from two years jail for breaching a control order to 20 years for instructing an offence for the benefit of a criminal organisation.