Participation in criminal groups
(1) A person who participates in a criminal group is guilty of an offence if the person— (a) knows, or ought reasonably to know, that it is a criminal group, and (b) knows, or ought reasonably to know, that his or her participation in that group contributes to the occurrence of any criminal activity. (1A) A person who participates in a criminal group by directing any of the activities of the group is guilty of an offence if the person— (a) knows that it is a criminal group, and (b) knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity. (2) A person who assaults another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence. (3) A person who destroys or damages property belonging to another person, or threatens to destroy or damage property belonging to another person, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence. (4) A person who assaults a law enforcement officer while in the execution of the officer’s duty, intending by that action to participate in any criminal activity of a criminal group, is guilty of an offence. (4A) A person who participates in a criminal group whose activities are organised and on-going by directing any of the activities of the group is guilty of an offence if the person— (a) knows that it is a criminal group, and (b) knows, or is reckless as to whether, that participation contributes to the occurrence of any criminal activity. (5) For the purposes of this section, an action is taken to be carried out in relation to a law enforcement officer while in the execution of the officer’s duty, even though the law enforcement officer is not on duty at the time, if it is carried out— (a) as a consequence of, or in retaliation for, actions undertaken by that law enforcement officer in the execution of the officer’s duty, or (b) because the officer is a law enforcement officer. (6) To avoid doubt, for the purposes of this section a person may participate in a criminal group whether or not the person is a member of the criminal group.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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