Part 7BOffences relating to criminal organisations

Part 7B—Offences relating to criminal organisations 117B—Preliminary (1) In this Part— Committee means the Crime and Public Integrity Policy Committee of the Parliament; declared criminal organisation means an entity declared by regulation to be a declared criminal organisation; prohibited item means an item of clothing or jewellery or an accessory that displays— (a) the name of a declared criminal organisation; or (b) the club patch, insignia or logo of a declared criminal organisation; or The things mentioned in paragraph (b) are also known as the colours of the organisation. (c) any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, a declared criminal organisation, including— (i) the symbol "1%"; and (ii) the symbol "1%er"; and (iii) any other image, symbol, abbreviation, acronym or other form of writing prescribed by regulation for the purposes of this definition. (2) Each regulation made for the purposes of the definition of declared criminal organisation in subsection (1) and required to be laid before each House of Parliament in accordance with the Subordinate Legislation Act 1978 may only relate to 1 entity. (3) The Governor may only make a regulation declaring an entity to be a declared criminal organisation for the purposes of the definition of declared criminal organisation in subsection (1) on the recommendation of the Minister. (4) A recommendation of the Minister in relation to an entity for the purposes of subsection (3) may only be made— (a) after the receipt of a report of the Committee in relation to the entity under section 117C (and, in such a case, the recommendation must include a statement as to the opinion of the Committee on whether or not the entity should be declared a declared criminal organisation for the purposes of this Part); or (b) after the passage of 10 days after a referral in relation to the entity was made to the Committee by the Minister under section 117C(1). (5) The Minister may, in deciding whether to make a recommendation for the purposes of subsection (3), have regard to the following matters: (a) if the Minister has received a report of the Committee in relation to the entity—the report of the Committee; (b) any information suggesting a link exists between the entity and serious criminal activity; (c) any convictions recorded in relation to— (i) current or former participants in the entity; or (ii) persons who associate, or have associated, with participants in the entity; (d) any information suggesting current or former participants in the entity have been, or are, involved in serious criminal activity (whether directly or indirectly and whether or not the involvement has resulted in any convictions); (e) any information suggesting participants in an interstate or overseas chapter or branch (however described) of the entity have as their purpose, or 1 of their purposes, organising, planning, facilitating, supporting or engaging in serious criminal activity; (f) any other matter the Minister considers relevant. (6) Section 10A of the Subordinate Legislation Act 1978 does not apply in relation to a regulation declaring an entity to be a declared criminal organisation for the purposes of the definition of declared criminal organisation in subsection (1). (7) A change in the name or membership of an organisation declared by regulation to be a declared criminal organisation does not affect the organisation's status as a declared criminal organisation. (8) If the members of an organisation declared by regulation to be a declared criminal organisation substantially re‑form themselves into another organisation, that organisation is taken to form a part of the declared criminal organisation (whether or not the declared criminal organisation is dissolved). (9) For the avoidance of doubt, nothing prevents the regulations declaring as a criminal organisation an entity that is, at the time of the declaration, based interstate or overseas and not operating in this State. 117C—Report of Crime and Public Integrity Policy Committee (1) The Minister may, by notice in writing, refer a proposal to declare an entity to be a declared criminal organisation by regulation for the purposes of the definition of declared criminal organisation to the Committee. (2) On receipt of a referral under subsection (1), the Committee must request the Commissioner of Police (the Commissioner) to provide to the Committee any information that the Commissioner thinks fit that may support the referral. (3) The Committee must inquire into and consider a referral under subsection (1) along with any supporting information provided by the Commissioner under subsection (2) and must report to the Minister on whether or not the Committee is of the opinion that the entity should be declared a declared criminal organisation for the purposes of this Part. (4) The Committee may include grounds for its opinion in a report under subsection (3). 117D—Exclusion of persons wearing or carrying prohibited items (1) The following persons must not knowingly allow a person who is wearing or carrying a prohibited item to enter or remain in licensed premises: (a) the licensee for the premises; (b) the responsible person for the premises; (c) an employee or agent of the licensee or responsible person working at the premises. (2) It is a defence to a charge of an offence against this section for the defendant to prove that the defendant or another person referred to in subsection (1)(a), (b) or (c) made a request to a police officer in accordance with section 117F(3) in relation to the person wearing or carrying a prohibited item. 117E—Entering and remaining in licensed premises wearing or carrying a prohibited item A person must not enter or remain in licensed premises if the person is wearing or carrying a prohibited item. (a) for a first offence—$25 000; (b) for a second offence—$50 000 or imprisonment for 6 months; (c) for a third or subsequent offence—$100 000 or imprisonment for 18 months. 117F—Removal of person wearing or carrying prohibited item from premises (1) If an authorised person requires a person who is wearing or carrying a prohibited item (the prohibited person) to leave licensed premises, the prohibited person must immediately leave the premises. (a) for a first offence—$25 000; (b) for a second offence—$50 000 or imprisonment for 6 months; (c) for a third or subsequent offence—$100 000 or imprisonment for 18 months. (2) If a prohibited person fails to leave when required under subsection (1), an authorised person may use necessary and reasonable force to remove the person. (3) If a person referred to in section 117D(1)(a), (b) or (c) requests a police officer to exercise a power conferred by this section in relation to a person, the police officer must do so if satisfied that the power may be exercised in relation to the person under this section. (4) A prohibited person must not resist an authorised person who is removing the person under subsection (2). (a) for a first offence—$50 000 or imprisonment for 6 months; (b) for a second or subsequent offence—$100 000 or imprisonment for 18 months.