From 21 November 2024, Police will actively enforce new gang legislation.
The purpose of the legislation is to reduce the ability of gangs to operate and cause fear, intimidation, and disruption to the public by:
- prohibiting the display of gang insignia in public places;
- issuing dispersal notices to prevent gang members from gathering in public;
- making non-consorting orders to prevent specified gang offenders from associating or communicating for three years.
Gang membership will be an aggravating factor at sentencing.
From 21 November 2024, it will be unlawful to display gang insignia in public.
What is gang insignia?
- A sign, symbol, or representation commonly displayed to denote membership or affiliation with a gang.
- Includes any item where a sign, symbol, or representation is attached (e.g., clothing or a vehicle).
- Excludes tattoos and colored clothing.
What is a public place?
- A place open to or used by the public.
- Includes vehicles, trains, ferries, and aircraft.
- Excludes online places, such as the internet or an online app, and parliamentary precincts.
What does “display” mean?
Displaying gang insignia involves both making it visible and intending it to be seen by others in a public place.
Which gangs do these laws apply to?
The laws apply to 35 gangs listed in the Gangs Act.
How is a gang member defined?
A gang member can be:
- a prospective member or nominee,
- an individual showing gang affiliation by displaying gang insignia,
- someone involved in gang affairs with the intent to participate in criminal activities.
From 21 November 2024, police can issue dispersal notices to gang members, requiring them to leave an area and refrain from associating in public for seven days.
What is a dispersal notice?
- Police can issue it if there are reasonable grounds to believe that three or more gang members are gathering in public, and dispersal is necessary to prevent undue disruption to the public.
- Those given a dispersal notice must leave immediately and cannot associate publicly for seven days.
Gang Insignia – Repeat Offences
For individuals with two or more convictions for displaying gang insignia in a public place, further convictions within five years will lead to a Prohibition Order, which prevents them from:
- possessing or controlling gang insignia,
- having gang insignia in their residence.
The Prohibition Order lasts for five years from the conviction date, with a maximum penalty of one year’s imprisonment for violating the order.
Frequently Asked Questions:
- Can I wear gang insignia at home? Yes, wearing gang insignia in a private residence does not breach the Act.
- Can I wear gang insignia in public, like in shops, sports games, or clubrooms? No, insignia should not be displayed in public places.
- Can I wear gang insignia in the car? Only if it is not displayed, such as when covered or out of public sight.
- Can I have a gang symbol on my vehicle? No, insignia cannot be attached or affixed to a vehicle if it is displayed.
This guide is a reference; for legal definitions, consult the Gangs Act 2024 (September 2024).
