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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 83D

83D—Interpretation

        (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.



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