South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 83E

83E—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.



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