So Et m ++ AUDAX - AT: FIDELIS + Queensland Criminal Code (Organised Criminal Groups) Amendment Bill 2007 Queensland Criminal Code (Organised Criminal Groups) Amendment Bill 2007 Contents Page 1 Short title 2... eee 4 2 Commencement............00 cece cece eee eee eee 4 3 Code amended........... 0... eee eect eee 4 4 Insertion of new Ch57A .. 1... eee 4 Chapter 57A Organised criminal groups 545A Participation as a member of organised criminal QOUD le eee eee 4 A Bill for An Act to amend the Criminal Code Clause Clause Clause Clause s1 4 s4 Criminal Code (Organised Criminal Groups) Amendment Bill 2007 The Parliament of Queensland enacts— 1 Short title This Act may be cited as the Criminal Code (Organised Criminal Groups) Amendment Act 2007. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Code amended This Act amends the Criminal Code. 4 Insertion of new ch 57A Part 7, after section 545— insert— 'Chapter 57A Organised criminal groups '545A Participation as a member of organised criminal group '(D) (2) A person who participates as a member of a group knowing— (a) that it is an organised criminal group; and (b) that the person's participation contributes to the occurrence of any criminal activity of the group; commits a crime. Maximum penalty—5 years imprisonment. In this section— member, of a group, includes— (a) an associate member or prospective member (however described) of the group; and RW 0 ON NWN NN FW 2124 s4 (b) 5 s4 Criminal Code (Organised Criminal Groups) Amendment Bill 2007 another person who identifies himself or herself, in some way, as belonging to the group. Examples for paragraph (b)— ¢ wearing clothing, patches, insignia or symbols relevant to the group ¢ having a tattoo or brand that is an identifying mark, picture or word relevant to the group ¢ making statements about membership of or belonging to the group ¢ having a known association with members of the group organised criminal group means a group of 3 or more persons who have as their objective or | of their objectives— (a) (b) (c) (d) obtaining material benefit from the commission of an offence for which an offender is liable to imprisonment for a term of 4 years or more; or obtaining material benefit from conduct outside Queensland that, if it occurred in Queensland, would constitute the commission of an offence for which an offender is liable to imprisonment for a term of 4 years or more; or the commission of a serious violent offence; or conduct outside Queensland that, if it occurred in Queensland, would constitute the commission of a serious violent offence; whether or not— (e) (f) (g) some of the persons are subordinates or employees of other persons; or only some of the persons participating in the group at a particular time are involved in the planning, arrangement or execution at that time of a particular action, activity or transaction; or the group's membership changes from time to time. serious violent offence means an offence— (a) for which an offender is liable to imprisonment for a term of 5 years or more; and COA AD NP WNE SFOmMIAID NARW NF CO NY WwW — NNN BRWN N n NW on WWNN row e WwW WW WwW N WwW ns s4 (b) 6 s4 Criminal Code (Organised Criminal Groups) Amendment Bill 2007 if the conduct constituting the offence involves any of the following— (i) _ loss of a person's life or an act or omission likely to cause loss of a person's life; (ii) serious injury to a person or an act or omission likely to cause serious injury to a person; (iii) serious damage to property in circumstances endangering the physical safety of a person; (iv) perverting the course of justice, if the purpose of the conduct is to prevent, hinder or obstruct the detection, investigation or prosecution of an offence— (A) (B) for which an offender is liable to imprisonment for a term of 5 years or more; and that involved, involves or would involve conduct of the kind mentioned in subparagraphs (i) to (iii).'. C0 ON DN FW NK CID NEW NRO