The purpose of this Act is to prohibit the display of gang insignia on premises of departments of the Public Service, the Police, Crown entities, local authorities, and schools.

In this Act, unless the context otherwise requires,—

(1) The Governor-General may, on the recommendation of the Minister of Police, by Order in Council, make regulations for the purpose of identifying an organisation, association, or group of persons as a gang for the purposes of this Act.

(2) The Minister of Police may not make a recommendation under subsection (1) unless he or she is satisfied on reasonable grounds that the organisation, association, or group proposed to be identified has the following characteristics:

• (a) a common name or common identifying signs, symbols, or representations; and

• (b) its members, associates, or supporters individually or collectively promote, encourage, or engage in criminal activity.

(1) No person may display gang insignia at any time in Government premises.

(2) Every person who, without reasonable excuse, contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $2,000.

(3) Without limitation, and to avoid doubt, a Judge may apply section 128 of the Evidence Act 2006 in deciding whether a sign, symbol, or representation is gang insignia for the purposes of this Act.

(1) A constable may, without warrant,—

• (a) arrest a person whom the constable has good cause to suspect has committed an offence against section 6(2):

• (b) seize and remove gang insignia (by the use of force if necessary) that has been or is being displayed in Government premises.

(2) Gang insignia seized under subsection (1)(b) are forfeited to the Crown if the person from whom the gang insignia is taken pleads guilty to, or is convicted of, an offence against section 6(2).

(3) If gang insignia are forfeited to the Crown under subsection (2), the gang insignia may be destroyed or otherwise disposed of as the court, either at the time of the conviction for the offence under section 6(2) or on a subsequent application, directs.

(1) A constable may stop a vehicle without a warrant to exercise either or both of the powers in section 7(1) in relation to a person if the constable has reasonable grounds to believe that the person is in or on the vehicle.

(2) A constable who stops a vehicle under subsection (1) must—

• (a) be wearing a uniform or distinctive cap, hat, or helmet with a badge of authority affixed to that cap, hat, or helmet; or

• (b) be following immediately behind the vehicle in a motor vehicle displaying flashing blue lights, or flashing blue and red lights, and sounding a siren.

(3) A constable exercising the stopping power conferred by subsection (1) must, immediately after the vehicle has stopped,—

• (a) identify himself or herself to the driver of the vehicle; and

• (b) tell the driver that the stopping power is being exercised under this section for the purpose of exercising powers under section 7(1); and

• (c) if not in uniform and if so required, produce evidence that he or she is a constable.

(4) Without limiting section 7(1), a constable exercising the stopping power conferred by subsection (1) may do any 1 or more of the following:

• (a) search the vehicle to locate a person referred to in subsection (1):

• (b) search the vehicle to locate gang insignia that the constable may seize under section 7(1)(b):

• (c) require any person in or on the vehicle to state his or her name, address, and date of birth, or any of those particulars that the constable may specify:

• (d) require the vehicle to remain stopped for as long as is reasonably necessary to exercise the powers—

  • (i) in paragraphs (a), (b), and (c); and

  • (ii) in section 7(1), in relation to a person referred to in subsection (1) of this section.

(5) Every person commits an offence and is liable on conviction to a fine not exceeding $1,000 who, without reasonable excuse,—

• (a) fails to stop as soon as practicable when required to do so by a constable exercising the power conferred by this section; or

• (b) fails to comply with a requirement of a constable under subsection (4)(c) or (d).

Only a constable may file a charging document for an offence against this Act.