Easyriders Australia SMC Ipswich Chapter - Topic: extract from the Serious and Organised Crime (Control) Act 2008

Topic: extract from the Serious and Organised Crime (Control) Act 2008

Dottie
Member
Posts: 321

Won't affect you, huh, READ THE LEGISLATION concerning association. FFS!!

This is an extract from the Serious and Organised Crime (Control) Act 2008, which shows how innocent people can become criminals just by knowing someone, key-points have been highlighted and one particular word underlined that seems to suggests PROOF is no longer a requirement for prosecution.

Information sourced from;-
http://www.legislation.sa.gov.au/LZ/C/A/SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008/CURRENT/2008.13.UN.PDF
Serious and Organised Crime (Control) Act 2008—4.9.2008

Part 5—Offences
35—Criminal associations
(1) A person who associates, on not less than 6 occasions during a period of 12 months,with a person who is—
(a) a member of a declared organisation; or
(b) the subject of a control order,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.

(2) A person does not commit an offence against subsection (1) unless, on each occasion
on which it is alleged that the person associated with another, the person knew that the
other was—
(a) a member of a declared organisation; or
(b) a person the subject of a control order,
or was reckless as to that fact.
(3) A person who—
(a) has a criminal conviction (against the law of this State or another jurisdiction)
of a kind prescribed by regulation; and
(b) associates, on not less than 6 occasions during a period of 12 months, with
another person who has such a criminal conviction,
is guilty of an offence.
Maximum penalty: Imprisonment for 5 years.

(4) A person does not commit an offence against subsection (3) unless, on each occasion
on which it is alleged that the person associated with another, the person knew that the
other had the relevant criminal conviction or was reckless as to that fact.

(5) A person may be guilty of an offence against subsection (1) or (3) in respect of
associations with the same person or with different people.

(6) The following forms of associations will be disregarded for the purposes of this
section unless the prosecution proves that the association was not reasonable in the
circumstances:
(a) associations between close family members;
(b) associations occurring in the course of a lawful occupation, business or
profession;
(c) associations occurring at a course of training or education of a prescribed
kind between persons enrolled in the course;
(d) associations occurring at a rehabilitation, counselling or therapy session of a
prescribed kind;
(e) associations occurring in lawful custody or in the course of complying with a
court order;
___________________________________________________________________________________
20 This version is not published under the Legislation Revision and Publication Act 2002 [4.9.2008]

And then read this!! EVERYBODY is potentially affected by this legislation

Six degrees of Separation

(also referred to as the "Human Web") refers to the idea that, if a person is one step away from each person they know and two steps away from each person who is known by one of the people they know, then everyone is at most six steps away from any other person on Earth
Ref:
http://en.wikipedia.org/wiki/Six_degrees_of_separation
Why is this an important titbit of seemingly useless information?
BECAUSE this means that EVERYONE is associated with a person declared or subject to a Control Order under the Serious and Organised (Crime) Control Act 2008. This Act considers "recklessness" as an acceptable consideration to be charged under this Act., ie, you didn't even know that person with whom you associate with had a criminal conviction or was subject to a Control Order - BUT YOU ARE GUILTY.. (Yes, the Act also says you are guilty, not the judge - there isn't one in this Act, just the police officer who makes the charge. YOU will go to jail for up to 5 years in SA.)
Fascinating... and you thought this only concerned "bikies"?
This link was sent to me by a keen observer:
http://news.bbc.co.uk/2/hi/technology/7539329.stm
"A US study of instant messaging suggests the theory that it takes only six steps to link everyone may be right - though seven seems more accurate.
Microsoft researchers studied the addresses of 30bn instant messages sent during a single month in 2006.Any two people on average are linked by seven or fewer acquaintances, they say.The theory of six degrees of separation has long captured people's imagination - notably inspiring a popular 1993 film - but had recently seemed discredited.One of the researchers on the Microsoft Messenger project, Eric Horvitz, said he had been shocked by the results."What we're seeing suggests there may be a social connectivity constant for humanity," he was quoted as saying by the Washington Post newspaper."People have had this suspicion that we are really close. But we are showing on a very large scale that this idea goes beyond folklore."
Urban myth?
The database used by Mr Horvitz and his colleague Jure Leskovec covered all of the Microsoft Messenger instant-messaging network, or roughly half of the world's instant-messaging traffic, in June 2006.
For the purposes of the study, two people were considered to be acquaintances if they had sent one another an instant message.
Examining the minimum chain lengths it would take to connect all the users in the database, they found the average length was 6.6 steps and that 78% of the pairs could be connected in seven links or fewer.
The idea of six degrees of separation was conceived by US academic Stanley Milgram, after experiments in which he asked people to pass a letter only to others they knew by name.The aim was to get it, eventually, to a named person they did not know living in another city.
The average number of times it was passed on, he said, was six - hence, the six degrees of separation.
However, in July 2006, Judith Kleinfeld, professor of psychology at Alaska Fairbanks University, went back to Milgram's original research notes and discovered that 95% of the letters sent out had failed to reach their target.She suggested that the six degrees theory might be the academic equivalent of an urban myth.
The Microsoft researchers said that, to their knowledge, their study had for the first time validated Milgram's theory on a planetary scale."

07:31 AM on 04/08/2009

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