South Australian Numbered Acts South Australian Numbered Acts29—Amendment of section 5AA—Aggravated offences
(1) Section 5AA(1)—after paragraph (g) insert:
(ga) —
(i) the offender committed the offence for the benefit of a criminal organisation, or 2 or more members of a criminal organisation, or at the direction of, or in association with, a criminal organisation; or
(ii) in the course of, or in connection with, the offence the offender identified himself or herself in some way as belonging to, or otherwise being associated with, a criminal organisation (whether or not the offender did in fact belong to, or was in fact associated with, the organisation);
(2) Section 5AA—after subsection (2) insert:
(2a) For the purposes of subsection (1)(ga)(ii), a person will be taken to have identified himself or herself as belonging to, or as being associated with, a criminal organisation if the person displayed (whether on an article of clothing, as a tattoo or otherwise) the insignia of the criminal organisation unless the person proves that he or she did not display the insignia knowingly or recklessly.
(2b) Subsection (2a) does not limit the ways in which a person may identify himself or herself as belonging to, or being associated with, a criminal organisation.
(3) Section 5AA(4)—after "established" insert:
(but a failure to comply with this subsection does not affect the validity of the jury's verdict)