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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Criminal Code (Organised
Criminal Groups) Amendment
Bill 2007
Queensland
Criminal Code (Organised Criminal
Groups) Amendment Bill 2007
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Code amended. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Insertion of new ch 57A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Chapter 57A Organised criminal groups
545A Participation as a member of organised criminal
group ............................... 4
2007
A Bill
for
An Act to amend the Criminal Code
s1 4 s4
Criminal Code (Organised Criminal Groups)
Amendment Bill 2007
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Criminal Code (Organised 3
Criminal Groups) Amendment Act 2007. 4
Clause 2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
Clause 3 Code amended 7
This Act amends the Criminal Code. 8
Clause 4 Insertion of new ch 57A 9
Part 7, after section 545-- 10
insert-- 11
`Chapter 57A Organised criminal groups 12
`545A Participation as a member of organised criminal 13
group 14
`(1) A person who participates as a member of a group knowing-- 15
(a) that it is an organised criminal group; and 16
(b) that the person's participation contributes to the 17
occurrence of any criminal activity of the group; 18
commits a crime. 19
Maximum penalty--5 years imprisonment. 20
`(2) In this section-- 21
member, of a group, includes-- 22
(a) an associate member or prospective member (however 23
described) of the group; and 24
s4 5 s4
Criminal Code (Organised Criminal Groups)
Amendment Bill 2007
(b) another person who identifies himself or herself, in 1
some way, as belonging to the group. 2
Examples for paragraph (b)-- 3
· wearing clothing, patches, insignia or symbols relevant to 4
the group 5
· having a tattoo or brand that is an identifying mark, picture 6
or word relevant to the group 7
· making statements about membership of or belonging to the 8
group 9
· having a known association with members of the group 10
organised criminal group means a group of 3 or more 11
persons who have as their objective or 1 of their objectives-- 12
(a) obtaining material benefit from the commission of an 13
offence for which an offender is liable to imprisonment 14
for a term of 4 years or more; or 15
(b) obtaining material benefit from conduct outside 16
Queensland that, if it occurred in Queensland, would 17
constitute the commission of an offence for which an 18
offender is liable to imprisonment for a term of 4 years 19
or more; or 20
(c) the commission of a serious violent offence; or 21
(d) conduct outside Queensland that, if it occurred in 22
Queensland, would constitute the commission of a 23
serious violent offence; 24
whether or not-- 25
(e) some of the persons are subordinates or employees of 26
other persons; or 27
(f) only some of the persons participating in the group at a 28
particular time are involved in the planning, 29
arrangement or execution at that time of a particular 30
action, activity or transaction; or 31
(g) the group's membership changes from time to time. 32
serious violent offence means an offence-- 33
(a) for which an offender is liable to imprisonment for a 34
term of 5 years or more; and 35
s4 6 s4
Criminal Code (Organised Criminal Groups)
Amendment Bill 2007
(b) if the conduct constituting the offence involves any of 1
the following-- 2
(i) loss of a person's life or an act or omission likely to 3
cause loss of a person's life; 4
(ii) serious injury to a person or an act or omission 5
likely to cause serious injury to a person; 6
(iii) serious damage to property in circumstances 7
endangering the physical safety of a person; 8
(iv) perverting the course of justice, if the purpose of 9
the conduct is to prevent, hinder or obstruct the 10
detection, investigation or prosecution of an 11
offence-- 12
(A) for which an offender is liable to 13
imprisonment for a term of 5 years or more; 14
and 15
(B) that involved, involves or would involve 16
conduct of the kind mentioned in 17
subparagraphs (i) to (iii).'. 18
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