Crimes Amendment Act 2009

5 Participation in organised criminal group
  • (1) Section 98A is amended by repealing subsection (1) and substituting the following subsection:

    • (1) Every person commits an offence and is liable to imprisonment for a term not exceeding 10 years who participates in an organised criminal group—

      • (a) knowing that 3 or more people share any 1 or more of the objectives (the particular objective or particular objectives) described in paragraphs (a) to (d) of subsection (2) (whether or not the person himself or herself shares the particular objective or particular objectives); and

      • (b) either knowing that his or her conduct contributes, or being reckless as to whether his or her conduct may contribute, to the occurrence of any criminal activity; and

      • (c) either knowing that the criminal activity contributes, or being reckless as to whether the criminal activity may contribute, to achieving the particular objective or particular objectives of the organised criminal group.

    (2) Section 98A(2) is amended by omitting that are punishable by imprisonment for a term of 10 years or more in each place where it appears.