Criminal organisations in public places, prescribed places and prescribed events

There are legal restrictions on members of criminal organisations being present in certain places together.

It is an offence for a participant in a criminal organisation to be knowingly present in a public place with 2 or more other participants in a criminal organisation [Criminal Law Consolidation Act 1935 (SA) s 83GC]. This carries a maximum penalty of imprisonment for 3 years.

A criminal organisation for this purpose is [s 83GA]:

an organisation of 3 or more persons:
- who have as their purpose, or one of their purposes, engaging in, organising, planning, facilitating, supporting, or otherwise conspiring to engage in, serious criminal activity, and
- who, by their association, represent an unacceptable risk to the safety, welfare or order of the community, or
a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008 (SA), or
an entity declared by regulation to be a criminal organisation.

A participant in a criminal organisation means [s 83GA]:

if the organisation is a body corporate—a director or officer of the body corporate, or
a person who (whether by words or conduct) asserts, declares or advertises their membership of, or association with, the organisation, or
a person who (whether by words or conduct) seeks to be a member of, or to be associated with, the organisation, or
a person who attends more than 1 meeting or gathering of persons who participate in the affairs of the organisation in any way, or
a person who takes part in the affairs of the organisation in any other way.

It does not include a lawyer acting in a professional capacity.

A public place is defined as [s 83GA]:

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
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.

A person may be in a 'public place' for the purposes of s 83GC even if they are travelling in a private motor vehicle on a public road [Question of Law Reserved [No 1 of 2024] [2025] SASCA 107].

It is also an offence for a criminal organisation participant to enter or attempt to enter a prescribed place or attend or attempt to attend a prescribed event [s 83GD], or to recruit or attempt to recruit someone to become a criminal organisation participant [s 83GE].

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: Fri Oct 2nd 2026
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.

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