December 10, 2013
Four men have been arrested on the Sunshine Coast today under the State Government’s controversial new criminal gang legislation.
Officers from the Sunshine Coast District and Taskforce Maxima executed five search warrants at properties around the Sunshine Coast and hinterland early this morning as part of Operation Lima Birch.
The four men, aged between 30 and 56 have been arrested and charged with an offence under Section 60A of the Criminal Code relating to three or more members together in a public place.
The charges relate to the men allegedly “associating for several hours at a hinterland hotel” in early November.
Police allege the men are members of the Rebels motorcycle club.
All four are due to appear in Maroochydore Magistrates court today.
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Section 60A of the Criminal Code:
Participants in criminal organisation being knowingly present in public places
(1) Any person who is a participant in a criminal organisation and is knowingly present in a public place with 2 or more other persons who are participants in a criminal organisation commits an offence.
Minimum penalty — 6 months imprisonment served wholly in a corrective services facility.
Maximum penalty — 3 years imprisonment.
(2) It is a defence to a charge of an offence against subsection (1) to prove that the criminal organisation is not an organisation that has, as one of its purposes, the purpose of engaging in, or conspiring to engage in, criminal activity.
(3) In this section —
– member, of an organisation, includes an associate member, or prospective member, however described.
– participant, in a criminal organisation, means—
(a) if the organisation is a body corporate — a director or officer of the body corporate; or
(b) a person who (whether by words or conduct, or in any other way) asserts, declares or advertises his or her membership of, or association with, the organisation; or
(c) a person who (whether by words or conduct, or in any other way) seeks to be a member of, or to be associated with, the organisation; or
(d) a person who attends more than 1 meeting or gathering of persons who participate in the affairs of the organisation in any way; or
(e) a person who takes part in the affairs of the organisation in any other way;
but does not include a lawyer acting in a professional capacity.
public place means—
(a) a place, or part of a place, that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or
(b) a place, or part of a place, the occupier of which allows, whether or not on payment of money, members of the public to enter.
