Section 7A - Surveillance Devices Act 2004 - Criminal network of individuals

7ACriminal network of individuals

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#### 7A Criminal network of individuals (1) For the purposes of this Act, a criminal network of individuals is an electronically linked group of individuals, where: (a) in a case where each individual in the group uses, or is likely to use, the same electronic service as at least one other individual in the group—the use of that electronic service enables any of the individuals in the group to: (i) engage in conduct that constitutes a relevant offence; or (ii) communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or (iii) facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or (iv) communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or (b) in a case where each individual in the group communicates with at least one other individual in the group by electronic communication—the electronic communication enables any of the individuals in the group to: (i) engage in conduct that constitutes a relevant offence; or (ii) communicate with any of the individuals in the group about any of the individuals in the group engaging in conduct that constitutes a relevant offence; or (iii) facilitate the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence; or (iv) communicate with any of the individuals in the group about facilitating the engagement, by another person (whether or not an individual in the group), in conduct that constitutes a relevant offence. (2) For the purposes of subsection (1), it is immaterial whether: (a) the identities of the individuals in the group can be ascertained; or (b) the details of the relevant offences can be ascertained; or (c) there are likely to be changes, from time to time, in the composition of the group.