South Australian Numbered Acts South Australian Numbered ActsAfter Part 3A insert:
Part 3B—Offences relating to criminal organisations
83D—Interpretation
(1) In this Part—
"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 Part 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.
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.
83F—Alternative verdicts
If, on the trial of a person for an offence under section 83E(2), (3) or (4), the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of an offence under section 83E(1), it may find the accused not guilty of the offence charged but guilty of an offence under section 83E(1), and the accused is liable to punishment accordingly.
83G—Evidentiary
(1) If, in any criminal proceedings, the court is satisfied beyond reasonable doubt that a particular group was, at a particular time, a criminal group within the meaning of this Part, the court may, on the application of the Director of Public Prosecutions, make a declaration to that effect.
(2) If a declaration is made in relation to a group under this section, that group will, for the purposes of any subsequent criminal proceedings, be taken to be a criminal group in the absence of proof to the contrary.