QLDIn ForceAct
Penalties and Sentences Act 1992
sec.161PMeaning of participant
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### sec.161P Meaning of participant
A person is a participant , in a criminal organisation, if—
the person has been accepted as a member of the organisation and has not ceased to be a member of the organisation; or
the person is an honorary member of the organisation; or
the person is a prospective member of the organisation; or
the person is an office holder of the organisation; or
the person identifies himself or herself in any way as belonging to the organisation; or
using a theme-based naming convention or icon to establish a screen name or profile for an online child exploitation forum
wearing or displaying the patches or insignia, or a version of the patches or insignia, of a criminal organisation
the person’s conduct in relation to the organisation would reasonably lead someone else to consider the person to be a participant in the organisation.
doing any of the following for a criminal organisation involved in the production and sale of cannabis—
tending the cannabis plants
packaging the cannabis for sale
selling the cannabis
laundering the profits from the sale of the cannabis
managing the day-to-day business of the organisation
For subsection (1) (a) , a person may be accepted as a member of a criminal organisation—
informally; or
through a process set by the organisation, including, for example, by paying a fee or levy.
s 161P ins 2016 No. 62 s 279
(sec.161P-ssec.1) A person is a participant , in a criminal organisation, if— the person has been accepted as a member of the organisation and has not ceased to be a member of the organisation; or the person is an honorary member of the organisation; or the person is a prospective member of the organisation; or the person is an office holder of the organisation; or the person identifies himself or herself in any way as belonging to the organisation; or using a theme-based naming convention or icon to establish a screen name or profile for an online child exploitation forum wearing or displaying the patches or insignia, or a version of the patches or insignia, of a criminal organisation the person’s conduct in relation to the organisation would reasonably lead someone else to consider the person to be a participant in the organisation. doing any of the following for a criminal organisation involved in the production and sale of cannabis— tending the cannabis plants packaging the cannabis for sale selling the cannabis laundering the profits from the sale of the cannabis managing the day-to-day business of the organisation
(sec.161P-ssec.2) For subsection (1) (a) , a person may be accepted as a member of a criminal organisation— informally; or through a process set by the organisation, including, for example, by paying a fee or levy.
- (a) the person has been accepted as a member of the organisation and has not ceased to be a member of the organisation; or
- (b) the person is an honorary member of the organisation; or
- (c) the person is a prospective member of the organisation; or
- (d) the person is an office holder of the organisation; or
- (e) the person identifies himself or herself in any way as belonging to the organisation; or Examples— • using a theme-based naming convention or icon to establish a screen name or profile for an online child exploitation forum • wearing or displaying the patches or insignia, or a version of the patches or insignia, of a criminal organisation
- • using a theme-based naming convention or icon to establish a screen name or profile for an online child exploitation forum
- • wearing or displaying the patches or insignia, or a version of the patches or insignia, of a criminal organisation
- (f) the person’s conduct in relation to the organisation would reasonably lead someone else to consider the person to be a participant in the organisation. Example of conduct for paragraph (f) — doing any of the following for a criminal organisation involved in the production and sale of cannabis— • tending the cannabis plants • packaging the cannabis for sale • selling the cannabis • laundering the profits from the sale of the cannabis • managing the day-to-day business of the organisation
- • tending the cannabis plants
- • packaging the cannabis for sale
- • selling the cannabis
- • laundering the profits from the sale of the cannabis
- • managing the day-to-day business of the organisation
- • using a theme-based naming convention or icon to establish a screen name or profile for an online child exploitation forum
- • wearing or displaying the patches or insignia, or a version of the patches or insignia, of a criminal organisation
- • tending the cannabis plants
- • packaging the cannabis for sale
- • selling the cannabis
- • laundering the profits from the sale of the cannabis
- • managing the day-to-day business of the organisation
- (a) informally; or
- (b) through a process set by the organisation, including, for example, by paying a fee or levy.