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Criminal organisations in public places, prescribed places and prescribed events

Under the Criminal Law Consolidation Act 1935 (SA) there are also restrictions on members of criminal organisations being in certain places. Including:

  • Participants in criminal organisation being knowingly present in public places [s 83GC]

    Maximum penalty: 3 years imprisonment

  • Participants in criminal organisations entering, or attempting to enter a place prescribed by regulation [s 83GD(1)]

    Maximum penalty: 3 years imprisonment

  • Participants in criminal organisations attending or attempting to attend events prescribed by regulation [s 83GD(2)]

    Maximum penalty: 3 years imprisonment

It is also an offence to recruit, or attempt to recruit, a person to become a participant in a criminal organisation [s 83GE].

Maximum penalty: 3 years imprisonment

For the above sections the following definitions apply [s 83GA (1)]:

criminal organisation means—

(a) an organisation of 3 or more persons—

(i) who have as their purpose, or 1 of their purposes, engaging in, organising, planning, facilitating, supporting, or otherwise conspiring to engage in, serious criminal activity; and

(ii) who, by their association, represent an unacceptable risk to the safety, welfare or order of the community; or

(b) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008; (this does not apply to s 83GE, above) or

(c) an entity declared by regulation to be a criminal organisation

member of an organisation, includes an associate member, or prospective member, however described

participant, in a criminal organisation, means—

(a) if the organisation is a body corporate—a director or officer of the body corporate; or

(b) a person who (whether by words or conduct, or in any other way) asserts, declares or advertises his or her membership of, or association with, the organisation; or

(c) a person who (whether by words or conduct, or in any other way) seeks to be a member of, or to be associated with, the organisation; or

(d) a person who attends more than 1 meeting or gathering of persons who participate in the affairs of the organisation in any way; or

(e) a person who takes part in the affairs of the organisation in any other way,

but does not include a lawyer acting in a professional capacity

public place means—

(a) a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b) a place, or part of a place, the occupier of which allows, whether or not on payment of money, members of the public to enter

Criminal organisations and their members are also prohibited from providing tattooing services - see: Tattoo Industry Control.

Criminal organisations in public places, prescribed places and prescribed events  :  Last Revised: Mon Jun 27th 2016
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