Crimes Amendment Act 2009

1: Title
This Act is the Crimes Amendment Act 2009.
2: Commencement
This Act comes into force on 1 December 2009.
3: Crimes Act 1961 amended
This Act amends the Crimes Act 1961 2009-12-01 Crimes Act 1961
4: Extraterritorial jurisdiction in respect of certain offences with transnational aspects
Section 7A(1)(d) with or people
5: Participation in organised criminal group
1: Section 98A
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
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) that are punishable by imprisonment for a term of 10 years or more
6: Interpretation
1: Paragraph (a) of the definition of specified offence section 312A(1) 10 7
2: The definition of specified offence section 312A(1)
b: an offence against section 243(3) (which relates to certain money laundering offences):
c: an offence punishable under section 247(b) or (c) (which relate to certain offences in respect of receiving property dishonestly obtained) .
7: Application by Police for warrant to intercept private communications
1: Section 312B(1)
1: An application may be made in accordance with this section to a Judge of the High Court for a warrant for any Police employee to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing—
a: either that—
i: a person has committed, or is committing, an offence under section 98A(1)
ii: a member of an organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and
b: it is unlikely that the Police investigation of the case could be brought to a successful conclusion without the grant of the warrant.
2: Section 312B(2)
a: the facts relied upon to show that there are reasonable grounds for believing either—
i: that a person has committed, or is committing, an offence under section 98A(1)
ii: that—
A: there is an organised criminal enterprise; and
B: a member of the organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and .
3: Section 312B(2)(c) or by the person who is believed to have committed, or be committing, an offence under section 98A(1) organised criminal enterprise
8: Matters on which Judge must be satisfied in respect of applications
Section 312C(1)
a: there are reasonable grounds for believing either—
i: that a person has committed, or is committing, an offence under section 98A(1)
ii: that—
A: there is an organised criminal enterprise; and
B: a member of the organised criminal enterprise is planning, participating in, or committing, or has planned, participated in, or committed, criminal offences of which at least 1 is a specified offence, as part of a continuing course of criminal conduct planned, organised, or undertaken by members of the enterprise; and .
9: Contents and term of warrant
Section 312D(1)(b)(i) or by the person who is believed to have committed, or be committing, an offence under section 98A(1) organised criminal enterprise