Page:Organised Crime Act 2015.pdf/13

14 :(d) empowering a court to make various orders in order to prevent, restrict or disrupt the involvement of persons associated with such groups; and
 * (e) establishing a regime for the confiscation of benefits from organised crime activities.

PART 2 ORGANISED CRIME OFFENCES Locally-linked organised criminal group membership

5.—(1) Any person who is or acts as a member of a group, knowing or having reasonable grounds to believe that the group is a locally-linked organised criminal group, commits an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.

(2) In determining whether a person is guilty of an offence under subsection (1), the matters which a court may consider include, but are not limited to—
 * (a) that person's involvement in meetings with other known members of the group;
 * (b) whether that person is identified as a member by other known members (whether existing or former members) of the group;
 * (c) whether that person adopts the style of dress, hand signs, language or tattoos used by known members of the group;
 * (d) whether that person associates with known members of the group;
 * (e) whether that person has recruited or attempted to recruit any other person to be a member of the group;
 * (f) whether that person habitually visits premises or meeting places known to be used by the group, and the person knows or has reasonable grounds to believe that such premises or meeting places are owned or occupied by the group:
 * (g) whether that person has been arrested more than once in the company of known members of the group for any serious