(1) A person is a
"participant" , in a criminal organisation, if—
(a) the person has been
accepted as a member of the organisation and has not ceased to be a member of
the organisation; or
(b) the person is an honorary member of the
organisation; or
(c) the person is a prospective member of the organisation;
or
(d) the person is an office holder of the organisation; or
(e) the person
identifies himself or herself in any way as belonging to the organisation; or
Examples—
• using a theme-based naming convention or icon to establish a
screen name or profile for an online child exploitation forum
• wearing or
displaying the patches or insignia, or a version of the patches or insignia,
of a criminal organisation
(f) the person’s conduct in relation to the
organisation would reasonably lead someone else to consider the person to be a
participant in the organisation.
Example of conduct for paragraph (f)—
doing any of the following for a criminal organisation involved in the
production and sale of cannabis—
• tending the cannabis plants
•
packaging the cannabis for sale
• selling the cannabis
• laundering the
profits from the sale of the cannabis
• managing the day-to-day business of
the organisation
(2) For subsection (1) (a) , a person may be accepted as a
member of a criminal organisation—
(a) informally; or
(b) through a process
set by the organisation, including, for example, by paying a fee or levy.
