Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p67
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 67/169)
Character Range: 1358269–1360978

or
 (e) the association is reasonable in the circumstances.
Note: A defendant bears an evidential burden in relation to the matters in subsection (6). See subsection 13.3(3).
 (6A) Paragraphs (6)(a), (b), (c), (d) and (e) do not limit one another.

Other limits on this section
 (7) A person who is convicted of an offence against subsection (1) or (2) in relation to the person's conduct on 2 or more occasions is not liable to be punished for an offence against subsection (1) or (2) for other conduct of the person that takes place:
 (a) at the same time as that conduct; or
 (b) within 7 days before or after any of those occasions.
 (8) This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

390.4  Supporting a criminal organisation
 (1) A person commits an offence if:
 (a) the person provides material support or resources to an organisation or a member of an organisation; and
 (b) either:
 (i) the provision of the support or resources aids; or
 (ii) there is a risk that the provision of the support or resources will aid;
  the organisation to engage in conduct constituting an offence against any law; and
 (c) the organisation consists of 2 or more persons; and
 (d) the organisation's aims or activities include facilitating the engagement in conduct, or engaging in conduct, constituting an offence against any law that is, or would if committed be, for the benefit of the organisation; and
 (e) the offence against any law mentioned in paragraph (d) is an offence against any law punishable by imprisonment for at least 3 years; and
 (f) the offence against any law mentioned in paragraph (b) is a constitutionally covered offence punishable by imprisonment for at least 12 months.
Penalty: Imprisonment for 5 years.
 (2) Absolute liability applies to paragraphs (1)(e) and (f).
Note: For absolute liability, see section 6.2.
 (3) To avoid doubt, a person may be convicted of an offence against subsection (1) because of a risk that the provision of the support or resources will aid the organisation as described in paragraph (1)(b) even if the provision of the support or resources does not actually aid the organisation in that way.

390.5  Committing an offence for the benefit of, or at the direction of, a criminal organisation

Offence committed for the benefit of an organisation
 (1) A person commits an offence if:
 (a) the person commits an offence against any law (the underlying offence); and
 (b) the underlying offence is for the benefit of an organisation; and
 (c) the organisation consists of 2 or more persons; and
 (d) the organisation's aims or activities include facilitating