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PENALTIES AND SENTENCES ACT 1992 - SECT 161N

Definitions for part

161N Definitions for part

In this part—

"benefit" includes property, advantage, service, entertainment, the use of or access to property or facilities, and anything of benefit to a person whether or not it has any inherent or tangible value, purpose or attribute.

"commissioner" means the commissioner of the police service.

"control order" means an order made under division 3 , subdivision 1 .

"corresponding control order" means an order prescribed to be a corresponding control order under section 161ZW .

"criminal organisation" see section 161O .

"honorary member" , of an organisation, includes a person who is a member of the organisation, but has not paid a fee to be a member of the organisation.

"office holder" , of an organisation, means—

(a) a person who is a president, vice-president, treasurer, secretary, director or another office holder or a shareholder of the organisation; or
(b) a person who (whether by words or conduct, or in any other way) asserts, declares or advertises that the person holds a position of authority of any kind within the organisation; or
(c) a person who is in control of all or a substantial part of the activities of the organisation; or
(d) if the organisation appoints a person to be in charge of an activity of the organisation or keep order at a meeting or gathering of the organisation—the person appointed.
Examples—
• a person appointed to administer a child exploitation material website
• a person appointed to supervise the call centre of a cold-call investment fraud operation
• a person appointed as the sergeant-at-arms of a motorcycle club

"participant" , in a criminal organisation, see section 161P .

"prescribed offence" means an offence against a provision mentioned in schedule 1C .

"prospective member" , of an organisation, means a person who has started, but not completed, the process of becoming a member of the organisation.

"registered corresponding control order" means a corresponding control order that is registered under division 3 , subdivision 5 .

"senior police officer" means a police officer of or above the rank of sergeant.

"serious criminal activity" means conduct constituting an indictable offence for which the maximum penalty is at least 7 years imprisonment.

"serious organised crime circumstance of aggravation" see section 161Q .



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