CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 83D
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 83D
(1) In this
Division—
"criminal group"—a group consisting of 2 or more persons is a
criminal group if—
(a) an
aim or activity of the group includes engaging in conduct, or facilitating
engagement in conduct, constituting a serious offence of violence (or conduct
that would, if engaged in within this State, constitute such an offence); or
(b) an
aim or activity of the group includes engaging in conduct, or facilitating
engagement in conduct, constituting a serious offence (or conduct that would,
if engaged in within this State, constitute such an offence) that is intended
to benefit the group, persons who participate in the group or their
associates;
"criminal organisation" means—
(a) a
criminal group; or
(b) a
declared organisation;
"declared organisation" has the same meaning as in the
Serious and Organised Crime (Control) Act 2008 ;
"harm" has the same meaning as in Part 3 Division 7A;
"participating" in a criminal organisation includes (without
limitation)—
(a)
recruiting others to participate in the organisation; and
(b)
supporting the organisation; and
(c)
committing an offence for the benefit of, or at the direction of, the
organisation; and
(d)
occupying a leadership or management position in the organisation or otherwise
directing any acts of the organisation;
"perverting the course of justice" means obstructing, preventing, perverting
or defeating the course of justice or the administration of the law;
"public officer" means—
(a) a
person appointed to public office by the Governor; or
(b) a
judicial officer; or
(c) a
member of Parliament; or
(d) a
person employed in the Public Service of the State; or
(e) a
police officer; or
(f) any
other officer or employee of the Crown; or
(g) a
member of a State instrumentality or of the governing body of a
State instrumentality or an officer or employee of a State instrumentality; or
(h) a
member of a local government body or an officer or employee of a
local government body; or
(i)
a juror in any proceedings; or
(j) a
person who personally performs work for the Crown, a State instrumentality or
a local government body as a contractor or as an employee of a contractor or
otherwise directly or indirectly on behalf of a contractor;
"serious harm" has the same meaning as in Part 3 Division 7A;
"serious offence" means an indictable offence that is punishable by
imprisonment for life or for a term of 5 years or more;
"serious offence of violence" means a serious offence where the conduct
constituting the offence involves—
(a) the
death of, or serious harm to, a person or a risk of the death of, or
serious harm to, a person; or
(b)
serious damage to property in circumstances involving a risk of the death of,
or harm to, a person; or
(c)
perverting the course of justice in relation to any conduct that, if proved,
would constitute a serious offence of violence as referred to in
paragraph (a) or (b).
(2) A group of people
is capable of being a criminal group for the purposes of this Division whether
or not—
(a) any
of them are subordinates or employees of others; or
(b) only
some of the people involved in the group are involved in planning, organising
or carrying out any particular activity; or
(c)
membership of the group changes from time to time.