Criminal Organisation
A criminal organisation is defined in s 1 of the Criminal Code as:
(a) an organisation of 3 or more persons--
(i) who have as their purpose, or 1 of their purposes, engaging in, organising, planning, facilitating, supporting, or otherwise conspiring to engage in,serious criminal activity as defined under the Criminal Organisation Act 2009; and
(ii) who, by their association, represent an unacceptable risk to the safety, welfare or order of the community; or
(b) a criminal organisation under the Criminal Organisation Act 2009; or
(c) an entity declared under a regulation to be a criminal organisation.
A participant in a criminal organisation is defined in s 60A of the Criminal Code-
(a) a director of a body corporate organisation;
(b) a person who asserts directly or indirectly or advertises his or her membership of an association;
(c) a person who recruits another member;
(d) a person who attends more than one meeting of the group;
(e) who takes part in the affairs of the organisation in any other way.
(a) an organisation of 3 or more persons--
(i) who have as their purpose, or 1 of their purposes, engaging in, organising, planning, facilitating, supporting, or otherwise conspiring to engage in,serious criminal activity as defined under the Criminal Organisation Act 2009; and
(ii) who, by their association, represent an unacceptable risk to the safety, welfare or order of the community; or
(b) a criminal organisation under the Criminal Organisation Act 2009; or
(c) an entity declared under a regulation to be a criminal organisation.
A participant in a criminal organisation is defined in s 60A of the Criminal Code-
(a) a director of a body corporate organisation;
(b) a person who asserts directly or indirectly or advertises his or her membership of an association;
(c) a person who recruits another member;
(d) a person who attends more than one meeting of the group;
(e) who takes part in the affairs of the organisation in any other way.
In 2009, Queensland enacted legislation with the purpose of disrupting or restricting the behaviour of organisations (or their associates or members) who were engaged in serious criminal activity. Under the Criminal Organisation Act 2009 (Qld) an application can be made to a Court to declare an organisation a criminal organisation. The Court will make such a declaration if satisfied that members of an organisation associate for the purpose of engaging in, or conspiring to engage in, serious
criminal activity; and the organisation is an unacceptable risk to the safety, welfare or order of the community (s 10).
Serious criminal activity is defined in s 6 as (a) a serious criminal offence; or (b) an act done or omission made outside Queensland, including outside Australia, that, if done or made in Queensland would have been or would be a serious criminal offence.
Serious criminal offence is defined in s 7 as a) an indictable offence punishable by at least 7 years imprisonment, ...; (b) an offence against this Act; (c) an offence against a section of the Criminal Code mentioned in schedule 1 (such as threatening violence, attempting to pervert justice, UCK, wounding, fraud, etc).
A declaration that an organisation is criminal may have implications for its members/participants as control orders restricting certain associations/behaviour can be made, resulting in an offence if not complied with. Further, there may be implication in terms of bail, providing police identifying information and search warrants.
Serious criminal activity is defined in s 6 as (a) a serious criminal offence; or (b) an act done or omission made outside Queensland, including outside Australia, that, if done or made in Queensland would have been or would be a serious criminal offence.
Serious criminal offence is defined in s 7 as a) an indictable offence punishable by at least 7 years imprisonment, ...; (b) an offence against this Act; (c) an offence against a section of the Criminal Code mentioned in schedule 1 (such as threatening violence, attempting to pervert justice, UCK, wounding, fraud, etc).
A declaration that an organisation is criminal may have implications for its members/participants as control orders restricting certain associations/behaviour can be made, resulting in an offence if not complied with. Further, there may be implication in terms of bail, providing police identifying information and search warrants.