Crimes Legislation Amendment (Serious and Organised Crime) Act 2010 (3 of 2010)

Schedule 4   Other amendments

Part 2   Amendment of the Telecommunications (Interception and Access) Act 1979

Division 1   Offences involving criminal organisations

Telecommunications (Interception and Access) Act 1979

17   At the end of section 5D

Add:

Offences relating to criminal organisations

(9) An offence is also a serious offence if:

(a) the particular conduct constituting the offence involved, involves or would involve, as the case requires:

(i) associating with a criminal organisation, or a member of a criminal organisation; or

(ii) contributing to the activities of a criminal organisation; or

(iii) aiding, abetting, counselling or procuring the commission of a prescribed offence for a criminal organisation; or

(iv) being, by act or omission, in any way, directly or indirectly, knowingly concerned in, or party to, the commission of a prescribed offence for a criminal organisation; or

(v) conspiring to commit a prescribed offence for a criminal organisation; and

(b) if the offence is covered by subparagraph (a)(i) - the conduct constituting the offence was engaged in, or is reasonably suspected of having been engaged in, for the purpose of supporting the commission of one or more prescribed offences by the organisation or its members; and

(c) if the offence is covered by subparagraph (a)(ii) - the conduct constituting the offence was engaged in, or is reasonably suspected of having been engaged in, for the purpose of enhancing the ability of the organisation or its members to commit or facilitate the commission of one or more prescribed offences.