South Australian Current Acts South Australian Current Acts (1) In this Division,
unless the contrary intention appears—
"Committee" means the Crime and Public Integrity Policy Committee of the
Parliament;
"conviction" means a finding of guilt by a court, or the acceptance of a plea
of guilty by a court, whether or not a conviction is recorded;
"criminal organisation" means—
(a) an
organisation of 3 or more persons—
(i)
who have as their purpose, or 1 of their purposes,
engaging in, organising, planning, facilitating, supporting, or otherwise
conspiring to engage in, serious criminal activity; and
(ii)
who, by their association, represent an unacceptable risk
to the safety, welfare or order of the community; or
(b) a
declared organisation within the meaning of the Serious and Organised Crime
(Control) Act 2008 ; or
(c) an
entity declared by regulation to be a criminal organisation;
"member", of an organisation, includes an associate member, or prospective
member, however described;
"participant", in a criminal organisation, means—
(a) if
the organisation is a body corporate—a director or officer of the body
corporate; or
(b) a
person who (whether by words or conduct, or in any other way) asserts,
declares or advertises his or her membership of, or association with, the
organisation; or
(c) a
person who (whether by words or conduct, or in any other way) seeks to be a
member of, or to be associated with, the organisation; or
(d) a
person who attends more than 1 meeting or gathering of persons who
participate in the affairs of the organisation in any way; or
(e) a
person who takes part in the affairs of the organisation in any other way,
but does not include a lawyer acting in a professional capacity;
"prescribed event" means an event declared by regulation to be a
prescribed event;
"prescribed place" means a place declared by regulation to be a
prescribed place;
"public place" means—
(a) 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
(b) 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;
"recruit", a person, to become a participant in a criminal organisation,
includes counsel, procure, solicit, incite and induce the person, including by
promoting the organisation, to become a participant in the organisation;
"serious criminal activity" has the same meaning as in the
Serious and Organised Crime (Control) Act 2008 .
(2) Each regulation
made under subsection (1) for the purposes of the
definitions of "criminal organisation", "prescribed
event" or " prescribed place" and required to be laid before each House of
Parliament in accordance with the Legislative Instruments Act 1978 may
only relate to 1 entity, 1 event or 1 place (as the case may
require).
(3) The Governor may
only make a regulation declaring an entity to be a criminal organisation for
the purposes of paragraph (c) of the definition of "criminal organisation
in subsection (1) on the recommendation of the Minister.
(4) A recommendation
of the Minister in relation to an entity for the purposes of
subsection (3) may only be made—
(a)
after the receipt of a report of the Committee in relation to the entity under
section 83GB (and, in such a case, the recommendation must include a
statement as to the opinion of the Committee on whether or not the entity
should be declared a criminal organisation for the purposes of this Division);
or
(b)
after the passage of 10 days after a referral in relation to the entity
was made to the Committee by the Minister under section 83GB(1).
(5) The Minister may,
in deciding whether to make a recommendation for the purposes of
subsection (3), have regard to the following matters:
(a) if
the Minister has received a report of the Committee in relation to the
entity—the report of the Committee;
(b) any
information suggesting a link exists between the entity and
serious criminal activity;
(c) any
convictions recorded in relation to—
(i)
current or former participants in the entity; or
(ii)
persons who associate, or have associated, with
participants in the entity;
(d) any
information suggesting current or former participants in the entity have been,
or are, involved in serious criminal activity (whether directly or indirectly
and whether or not the involvement has resulted in any convictions);
(e) any
information suggesting participants in an interstate or overseas chapter or
branch (however described) of the entity have as their purpose, or 1 of
their purposes, organising, planning, facilitating, supporting or engaging in
serious criminal activity;
(f) any
other matter the Minister considers relevant.
(5a) No obligation to
provide procedural fairness exists in relation to the making of a declaration
by regulation that—
(a) an
entity is a criminal organisation for the purposes of
paragraph (c) of the definition of "criminal organisation" in
subsection (1); or
(b) an
event is a prescribed event for the purposes of the definition of
"prescribed event" in subsection (1); or
(c) a
place is a prescribed place for the purposes of the definition of
"prescribed place" in subsection (1).
(6) Section 10A of the
Legislative Instruments Act 1978 does not apply in relation to a
regulation made under paragraph (c) of the
definition of "criminal organisation" in subsection (1).
(7) For the avoidance
of doubt, nothing prevents the regulations declaring as a
criminal organisation an entity that is, at the time of the declaration, based
interstate or overseas and not operating in this State.
(8) A change in the
name or membership of a criminal organisation does not affect its status as a
criminal organisation.
(9) If the members of
a criminal organisation (the "original organisation ) substantially re-form
themselves into another organisation, that organisation is taken to form a
part of the original organisation (whether or not the original organisation is
dissolved).