South Australian Current Acts South Australian Current Acts83E—Participation in criminal organisation
(1) A person who
participates in a criminal organisation—
(a)
knowing that, or being reckless as to whether, it is a criminal organisation;
and
(b)
knowing that, or being reckless as to whether, his or her participation in
that organisation contributes to the occurrence of any criminal activity,
is guilty of an offence.
Maximum penalty: Imprisonment for 15 years.
(2) A person who
assaults another person, knowing that, or being reckless as to whether, he or
she is, by that act, participating in a criminal activity of a criminal
organisation, is guilty of an offence.
Maximum penalty: Imprisonment for 20 years.
(3) A person who
destroys or damages property belonging to another person, or threatens to
destroy or damage property belonging to another person, knowing that, or being
reckless as to whether, he or she is, by that act, participating in a criminal
activity of a criminal organisation, is guilty of an offence.
Maximum penalty: Imprisonment for 20 years.
(4) A person who
assaults a public officer while in the execution of the officer's duty,
knowing that, or being reckless as to whether, he or she is, by that act,
participating in a criminal activity of a criminal organisation, is guilty of
an offence.
Maximum penalty: Imprisonment for 25 years.
(5) A term of
imprisonment to which a person is sentenced for an offence against this
section is cumulative on any other term of imprisonment or detention in a
training centre that the person is liable to serve in respect of another
offence (not being another offence against this section).
(6) For the purposes
of this section, an action is taken to be carried out in relation to a
public officer while in the execution of the officer's duty, even though the
public officer is not on duty at the time, if it is carried out—
(a) as a
consequence of, in retaliation for or otherwise in connection with actions
undertaken by that public officer in the execution of the officer's duty; or
(b)
because the officer is a public officer.
(7) For the purposes
of this section, a person is presumed, in the absence of proof to the
contrary, to be knowingly participating in an organisation at a particular
time if the person is, at that time, displaying (whether on an article of
clothing, as a tattoo or otherwise) the insignia of that organisation.
(8) For the purposes
of this section, a legal practitioner acting in the course of legal practice
will be taken not to be participating in a criminal organisation or in an
activity of a criminal organisation.