South Australian Current Acts

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SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008 - SECT 34A

34A—Permitting premises to be habitually used as place of resort by members of declared organisation

        (1)         A person who is the owner, occupier or lessee of any premises must not knowingly permit those premises to be habitually used as a place of resort by members of a declared organisation.

Maximum penalty: Imprisonment for 2 years.

        (2)         A person must not be knowingly concerned in the management of any premises habitually used as a place of resort by members of a declared organisation.

Maximum penalty: Imprisonment for 2 years.

        (3)         In proceedings for an offence against subsection (1), a person who—

            (a)         is the owner, occupier or lessee of any premises habitually used as a place of resort by members of a declared organisation; and

            (b)         is a member of the declared organisation,

is presumed, in the absence of proof to the contrary, to knowingly permit those premises to be habitually used as a place of resort by members of the declared organisation.

        (4)         In proceedings for an offence against subsection (2), a person who—

            (a)         is concerned in the management of any premises habitually used as a place of resort by members of a declared organisation; and

            (b)         is a member of the declared organisation,

is presumed, in the absence of proof to the contrary, to be knowingly concerned in the management of those premises.

        (5)         In this section—

"owner", in relation to premises, includes—

            (a)         a person entitled to receive rent paid in respect of the premises; and

            (b)         a person to whom the rent in respect of the premises is paid.



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