sec.173EAAIdentified organisations

### sec.173EAA Identified organisations A regulation may declare an entity to be an identified organisation. The Minister may recommend the making of a regulation under subsection (1) about an entity only if the Minister is satisfied the wearing or carrying of a proposed prohibited item by a person in a public place— may cause members of the public to feel threatened, fearful or intimidated; or may otherwise have an undue adverse effect on the health or safety of members of the public, or the amenity of the community, including by increasing the likelihood of public disorder or acts of violence. Also, if the Minister is not the Attorney-General, the Minister may recommend the making of a regulation under subsection (1) only with the Attorney-General’s agreement. Without limiting subsection (2) , for forming a satisfaction mentioned in subsection (2) , the Minister must have regard to whether any person has engaged in serious criminal activity, or committed a relevant offence of which the person has been convicted, while the person was a participant in the entity. In this section— participant , in an entity, means a person— who— has been accepted as a member of the entity, whether informally or through a process set by the entity; and paying a fee or levy has not ceased to be a member of the entity; or who is an honorary member of the entity; or who is a prospective member of the entity; or who is an office holder of the entity; or who identifies himself or herself in any way as belonging to the entity; or whose conduct in relation to the entity would reasonably lead someone else to consider the person to be a participant in the entity. proposed prohibited item means an item that would be a prohibited item if the entity were an identified organisation. public place see the Summary Offences Act 2005 , schedule 2 . relevant offence means an offence involving— a public act of violence to a person; or a public act of damage to property; or disorderly, offensive, threatening or violent behaviour in public. serious criminal activity means conduct constituting an indictable offence for which the maximum penalty is at least 7 years imprisonment. s 173EAA ins 2016 No. 62 s 210 (sec.173EAA-ssec.1) A regulation may declare an entity to be an identified organisation. (sec.173EAA-ssec.2) The Minister may recommend the making of a regulation under subsection (1) about an entity only if the Minister is satisfied the wearing or carrying of a proposed prohibited item by a person in a public place— may cause members of the public to feel threatened, fearful or intimidated; or may otherwise have an undue adverse effect on the health or safety of members of the public, or the amenity of the community, including by increasing the likelihood of public disorder or acts of violence. (sec.173EAA-ssec.3) Also, if the Minister is not the Attorney-General, the Minister may recommend the making of a regulation under subsection (1) only with the Attorney-General’s agreement. (sec.173EAA-ssec.4) Without limiting subsection (2) , for forming a satisfaction mentioned in subsection (2) , the Minister must have regard to whether any person has engaged in serious criminal activity, or committed a relevant offence of which the person has been convicted, while the person was a participant in the entity. (sec.173EAA-ssec.5) In this section— participant , in an entity, means a person— who— has been accepted as a member of the entity, whether informally or through a process set by the entity; and paying a fee or levy has not ceased to be a member of the entity; or who is an honorary member of the entity; or who is a prospective member of the entity; or who is an office holder of the entity; or who identifies himself or herself in any way as belonging to the entity; or whose conduct in relation to the entity would reasonably lead someone else to consider the person to be a participant in the entity. proposed prohibited item means an item that would be a prohibited item if the entity were an identified organisation. public place see the Summary Offences Act 2005 , schedule 2 . relevant offence means an offence involving— a public act of violence to a person; or a public act of damage to property; or disorderly, offensive, threatening or violent behaviour in public. serious criminal activity means conduct constituting an indictable offence for which the maximum penalty is at least 7 years imprisonment. - (a) may cause members of the public to feel threatened, fearful or intimidated; or - (b) may otherwise have an undue adverse effect on the health or safety of members of the public, or the amenity of the community, including by increasing the likelihood of public disorder or acts of violence. - (a) who— (i) has been accepted as a member of the entity, whether informally or through a process set by the entity; and Example of a process set by an entity— paying a fee or levy (ii) has not ceased to be a member of the entity; or - (i) has been accepted as a member of the entity, whether informally or through a process set by the entity; and Example of a process set by an entity— paying a fee or levy - (ii) has not ceased to be a member of the entity; or - (b) who is an honorary member of the entity; or - (c) who is a prospective member of the entity; or - (d) who is an office holder of the entity; or - (e) who identifies himself or herself in any way as belonging to the entity; or - (f) whose conduct in relation to the entity would reasonably lead someone else to consider the person to be a participant in the entity. - (i) has been accepted as a member of the entity, whether informally or through a process set by the entity; and Example of a process set by an entity— paying a fee or levy - (ii) has not ceased to be a member of the entity; or - (a) a public act of violence to a person; or - (b) a public act of damage to property; or - (c) disorderly, offensive, threatening or violent behaviour in public.