Serious and Organised Crime Legislation Amendment Bill 2016
Plain English Summary
Overview
This bill dismantles Queensland's 2013 anti-bikie laws and replaces them with a new Organised Crime Regime. It repeals the VLAD Act and Criminal Organisation Act 2009, removes mandatory minimum penalties targeting gang members, and introduces a new consorting offence, control orders, public safety orders and a mandatory seven-year jail 'top-up' for serious organised crime. It also toughens laws on online child exploitation, boiler-room fraud and drug trafficking, and restores fair process rights for people applying for licences in regulated industries such as tattooing and security.
Who it affects
Members and associates of criminal organisations and outlaw motorcycle gangs, people with serious criminal records, and workers in licensed industries (tattoo, liquor, security, tow truck, motor dealing) are most directly affected. The general public is affected by new bans on wearing gang colours in public places and by new police powers to issue public safety orders.
Repeal of the 2013 anti-bikie laws
The bill scraps the VLAD Act and the Criminal Organisation Act 2009 entirely, along with the mandatory minimum penalties, reverse-onus bail rules and prisoner segregation orders introduced in 2013. The Taskforce on Organised Crime Legislation found these laws to be unfair, constitutionally risky and largely ineffective.
- VLAD Act repealed in full
- Criminal Organisation Act 2009 repealed in full
- Show-cause bail presumption for alleged gang members removed
- Criminal Organisation Segregation Orders for prisoners abolished
- Anti-association (s60A) and clubhouse (s60B) offences repealed after a two-year transition
New consorting offence and control orders
Replaces the old anti-association offence with a new misdemeanour of habitually consorting with 'recognised offenders' (people with convictions for serious indictable offences) after police warn you twice. Sentencing courts can also impose Organised Crime Control Orders lasting up to five years, restricting who a convicted offender can see or meet.
- Consorting with two recognised offenders after police warnings: up to three years jail
- Defences for family, work, education and health consorting (including Aboriginal and Torres Strait Islander kinship)
- Police can stop, search and take ID from suspected consorters
- Control orders can ban association, restrict movements, and last up to five years
- Public Interest Monitor oversees consorting warnings and reports annually to Parliament
Mandatory extra jail term for serious organised crime
If a person is convicted of a listed serious offence and the court is satisfied they were a participant in a criminal organisation acting at its direction or for its benefit, the court must impose an extra seven-year jail term to be served cumulatively and wholly in prison without parole. The only escape is significant cooperation with law enforcement.
- Mandatory seven-year cumulative jail 'top-up' for prescribed offences with the Serious Organised Crime aggravation
- Director of Public Prosecutions must consent to charging the aggravation
- Cooperation with police can reduce or remove the mandatory term (assessed by the sentencing judge)
- Mandatory control order also applies on top of the sentence
Public safety, restricted premises and fortification orders
Creates three new police-led schemes in the Peace and Good Behaviour Act: public safety orders (up to 7 days by police, longer by court), restricted premises orders covering so-called clubhouses and other disorderly premises, and fortification removal orders requiring owners to tear down excessive security features.
- Inspector-rank police can ban people from an area or event for up to 7 days
- Court-ordered restricted premises orders allow warrantless police searches of those premises
- Existing 'prescribed premises' (bikie clubhouses) automatically become restricted for two years
- Stop-and-desist notices can pause fortification works for 14 days while police apply for an order
- Breach of a public safety order: up to three years jail
Ban on wearing colours in public
Extends the 2013 ban on wearing bikie colours in licensed premises to all public places. Wearing or carrying the colours or insignia of a listed organisation (initially the same 26 OMCGs) in a way they can be seen is now an offence, with escalating penalties.
- Wearing colours in any public place (including visible from a vehicle): up to 6 months jail or 40 penalty units first offence
- Second offence: up to 9 months or 60 penalty units
- Third or later offences: up to 12 months or 100 penalty units
- Defence for genuine artistic, educational, legal or law enforcement purpose
- Licensees get a new defence if removing a colour-wearer would be unsafe or impractical
Child exploitation material and online crime
Creates three new Criminal Code offences aimed at people who run or promote child exploitation websites or teach others how to evade detection, increases existing maximum penalties, and adds an aggravation for using anonymising tools or the dark web.
- New 14-year offences for administering or promoting child exploitation websites
- Making or involving children in making child exploitation material: maximum lifted from 14 to 20 years
- New 'hidden network / anonymising service' aggravation (up to 25 years for worst offences)
- Police and CCC can order access to passwords and device contents; refusing is a new 5-year offence
Fraud, identity crime and drug trafficking
Responds to the Organised Crime Commission's findings on boiler-room investment fraud and illicit drug markets by raising maximum penalties and creating new aggravated offences.
- New 20-year aggravated fraud offences for frauds over $100,000 or carrying on a business of fraud
- General aggravated fraud maximum increased from 12 to 14 years
- Identity crime penalties increased from 3 to 5 years
- Trafficking Schedule 2 drugs maximum increased from 20 to 25 years
- Mandatory 80% non-parole period for drug trafficking removed
Occupational licensing reforms
Repeals 2013 provisions that automatically refused licences to people alleged to be criminal organisation participants, restores appeal and review rights, and prohibits the use of secret criminal intelligence in most licensing decisions. Renames the Tattoo Parlours Act 2013 as the Tattoo Industry Act 2013 and opens up the framework to mobile and visiting tattooists.
- People refused licences under Liquor, Motor Dealers, Racing Integrity, Second-hand Dealers, Security Providers, Tow Truck or Tattoo Parlours Acts must now be given reasons
- Judicial review and merits review restored for licensing decisions
- Criminal intelligence prohibited from occupational licensing decisions (except Weapons Act)
- Tattoo Parlours Act renamed Tattoo Industry Act 2013 with licence renewals and mobile tattooing allowed
- Planned 2017 amendments to Electrical Safety, QBCC and WHS Acts repealed before commencement
CCC and Public Interest Monitor oversight
Repeals the 2013 mandatory minimum contempt penalties for people compelled to give evidence at the CCC, restores the fear-of-retribution defence, and gives the Public Interest Monitor new oversight of the CCC's immediate response function and police-issued orders.
- Fixed mandatory minimum jail terms for CCC contempt replaced with escalating maximum penalties
- Fear of retribution restored as a reasonable excuse for refusing to answer CCC questions
- CCC can no longer absolutely refuse to disclose potentially exculpatory evidence
- Public Interest Monitor oversees consorting warnings and police public safety orders, with annual reports tabled in Parliament
- Right to apply for legal assistance funding extended to all people appearing at CCC coercive hearings
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee13 Sept 2016View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined the bill over seven weeks, receiving 282 submissions and holding public hearings on the Gold Coast and in Brisbane. The committee was unable to reach a majority decision on whether the bill should be passed. Non-government members filed a Statement of Reservation opposing the bill, arguing the underlying reviews were flawed and the changes would weaken law enforcement capabilities against organised crime.
Key findings (5)
- The committee was unable to reach a majority decision on whether the bill should be passed
- The bill drew on recommendations from three reviews: the Queensland Organised Crime Commission of Inquiry, the Taskforce on Organised Crime Legislation, and the statutory review of the Criminal Organisation Act 2009
- The Queensland Law Society expressed concern about the breadth of the proposed consorting offence and its potential to criminalise associations unrelated to criminal activity
- Non-government members argued the Taskforce review had a pre-determined outcome to repeal existing laws and was not a fair review
- 282 submissions were received, with many individual submitters opposing the repeal of the VLAD Act and expressing concern about the removal of police powers
Committee report tabled
▸Second Reading10 Nov 2016View Hansard
That the bill be now read a second time
Second reading vote to advance the bill replacing the 2013 VLAD laws with a new organised crime regime — passed 44-41 with ALP, KAP and Independent supporting
The motion passed.
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Ayes (44)
Noes (41)
That the amendment be agreed to
Vote on an amendment to the second reading motion (tied 43-43, affirmative on Speaker's casting vote)
The motion passed.
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Ayes (43)
Noes (43)
Vote on a motion
A procedural motion in the House on 10 November 2016 that ended in a 42-42 tied vote and was resolved in the negative — likely relating to the opposition's motion (under standing order 30) that the Premier table legal advice she had cited during question time, which was the subject of the Speaker's statement on production of documents
The motion was rejected.
A formal vote on whether to accept a proposal — this could be the bill itself, an amendment, or another motion.
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Ayes (42)
Noes (42)
▸41 members spoke14 support26 oppose1 mixed
Argued the bill waters down the LNP's successful VLAD laws and will allow outlaw motorcycle gang clubhouses to reopen, increasing organised crime and drug offences.
“I cannot support this bill which weakens those laws that were about putting those crime gangs out of business. It will put our community at risk again from the illegal activities of organised crime gangs that are out there to rip off children with the drugs that they peddle in our community.”— 2016-11-29View Hansard
As Attorney-General, moved the second reading and introduced the bill as implementing a new organised crime regime based on three reviews, including a new consorting offence, public safety protection orders, serious organised crime circumstance of aggravation, organised crime control orders, and tougher penalties for child exploitation material and financial crimes.
“The bill before the House implements a new organised crime regime for Queensland to tackle serious and organised crime in all its forms.”— 2016-11-10View Hansard
Supported the bill as an evidence-based, extensively consulted replacement for the LNP's unenforceable VLAD laws that targets all forms of organised crime including child exploitation and financial fraud.
“Our new laws will not only be tough on bikies; unlike the LNP's VLAD laws, they will actually be enforceable.”— 2016-11-29View Hansard
As shadow Attorney-General, led the opposition's response arguing the bill significantly weakens strong laws, citing QPS, CCC and Gold Coast Mayor submissions against the changes, and criticising the Wilson task force's terms of reference as a closed-shop review with a predetermined outcome.
“The LNP will not be supporting these laws. That probably will not come as a surprise. We cannot support laws that significantly weaken strong laws that are in place to keep Queenslanders safe.”— 2016-11-10View Hansard
Opposed the bill as a significant weakening of organised crime laws, arguing the Wilson task force review was a sham with a predetermined outcome and that repealing the anti-association provisions will allow bikie clubhouses to reopen.
“The opposition opposes this bill as it represents a significant weakening in the response to organised crime and the ability of our law enforcement agencies here in Queensland to keep Queensland safer.”— 2016-11-29View Hansard
As committee chair, commended the bill as delivering a new and comprehensive organised crime regime, defending the consultation process and noting the LNP laws produced only three charges, none of them outlaw motorcycle club gang members; also expressed regret for comments in the committee report foreword.
“This bill essentially fixes the fundamental problems created by the LNP. This bill captures all types of serious and organised crime by casting the net broadly to capture all offenders; conversely, the LNP laws were narrow and captured only three offenders, none of which were outlaw motorcycle club gang members. The LNP laws were as useful as an ashtray on a motorbike.”— 2016-11-10View Hansard
Opposed the bill as rolling out the red carpet to criminal motorcycle gangs on the Gold Coast, and criticised the committee report for attacking the Gold Coast mayor and a councillor.
“The Labor Party is rolling out the red carpet to criminal motorcycle gangs on the Gold Coast. It is rolling out the red carpet to organised crime across Queensland.”— 2016-11-29View Hansard
As committee deputy chair, opposed the bill, devoting his speech largely to criticising the committee chair's foreword as a dishonest attack on Gold Coast Councillor Paul Taylor and Mayor Tom Tate, and arguing the bill waters down current legislation.
“As there are so many aspects of this bill that water down and/or dismantle the current legislation, we on this side of the House do not support its passing.”— 2016-11-10View Hansard
Supported the bill, emphasising its comprehensive evidence base from three reviews and its new consorting offence based on criminal history rather than group membership, and praised the new child exploitation provisions.
“This set of laws will deliver a new regime to tackle organised crime and ensure a safer Queensland.”— 2016-11-29View Hansard
Opposed the bill, describing the Robina Town Centre shooting in her electorate and the Broadbeach brawl as proof the LNP's VLAD laws were necessary, with the Nomads clubhouse in Mudgeeraba closed under those laws.
“Here we have it: after almost two years of positioning and denying and reviewing, we have this Labor government proving once and for all that it is soft on crime. We have this Labor government throwing down the welcome mat for organised crime and criminal gangs in Queensland.”— 2016-11-10View Hansard
Opposed the bill as a total watering down of successful VLAD laws, arguing the LNP laws modelled on US Mafia laws worked to make senior bikies talk and that repeal will embolden bikies to return.
“It is a total watering down of the successful VLAD laws that were introduced.”— 2016-11-29View Hansard
Supported the bill, citing evidence from the Queensland Police Union and Commissioner Stewart endorsing the new consorting, colours and public safety order provisions, and noting that the 2013 tattoo parlour act was introduced without consultation with a 3,000-worker industry.
“I commend the Serious and Organised Crime Legislation Amendment Bill to the House.”— 2016-11-10View Hansard
Opposed the bill on the basis that softening the laws will increase drugs and drug abuse in country towns, harming families and grandparents who have to raise grandchildren.
“If you are going to go soft on crime you will see more drugs and more drug abuse.”— 2016-11-29View Hansard
Opposed the bill, criticising the committee chair's foreword attack on Gold Coast figures, citing her electorate survey where 92 per cent of 3,000 respondents did not want VLAD laws repealed, and warning that new clubhouses could spring up near the old Lone Wolf premises in Currumbin.
“Let me say that again: 92 per cent of 3,000 respondents did not want the VLAD laws repealed. I, unlike those opposite, believe strongly in representing the views of the people whom I represent, and the good folk in Currumbin have told me loud and clear they do not want to see tough laws thrown out by a government that is soft on crime.”— 2016-11-10View Hansard
Supported the bill, noting only 11 bikies were charged under VLAD and the legislation incorporates three comprehensive reviews to tackle organised crime including paedophile groups and boiler room fraudsters in addition to motorcycle gangs.
“This legislation allows our law enforcement agencies to be more effective and successful in confronting all organised criminals, not just bikie gangs.”— 2016-11-29View Hansard
As shadow police minister, opposed the bill, citing 2014 crime reductions as proof the VLAD laws worked, stating that limited convictions resulted from the laws deterring crime and pushing criminals interstate, and describing the bill as a political solution to protect the government's survival.
“This bill is nothing more than a political solution for a government that owes its very existence to the Independent member for Nicklin. This is not about protecting Queenslanders; it is about protecting the survival of their government.”— 2016-11-10View Hansard
Opposed the bill, arguing the LNP laws made Queensland safer and Labor's new laws are 450 pages of untested legislation that will threaten community safety.
“There is no reason to give these bikies and their lawyers 450 pages of untested legislation to try and have a go at when we have laws that are proven to work and that have been upheld by the courts.”— 2016-11-29View Hansard
Opposed the bill as flawed, citing 2014 crime reductions under the VLAD laws, criticising the task force for not including the CCC, but acknowledging that amendments to the Drugs Misuse Act and child exploitation provisions had merit.
“The vast number of amendments in Labor's legislation that soften and weaken the existing criminal gang laws means Labor's laws will increase the risk to community safety from organised criminal activity and criminal gangs and will return us to a very problematic set of public circumstances in existence prior to the VLAD laws being enacted.”— 2016-11-10View Hansard
Opposed the bill, arguing it makes it easier for bikies to access weapons, reduces police powers and puts out the welcome mat for criminal motorcycle gangs.
“Under the LNP's VLAD laws, criminal motorcycle gangs were forced to shut up shop in Queensland and now the Labor Party has put out the welcome mat for them.”— 2016-11-29View Hansard
Supported the bill as a comprehensive new regime covering all forms of organised crime, noting the $37.4 million funding package for police and prosecutors and defending the committee chair's integrity.
“The bill creates a more robust, more targeted and more contemporary organised crime work framework for Queensland, protecting all Queenslanders against all serious organised crime.”— 2016-11-10View Hansard
Opposed the bill, criticising the lack of Gold Coast representation on the Wilson task force and describing the proposed anticonsorting measures as inadequate to replace the LNP's strong laws.
“I am particularly concerned that, in a sense, we will be putting out the welcome mat to them. We are already hearing stories from across the border of criminal gangs planning to gear up and come back once these laws go through.”— 2016-11-29View Hansard
Supported the bill, commending the extensive consultation process via the commission of inquiry and task force, and praising the new consorting offence based on criminal history rather than group membership.
“The Palaszczuk government has introduced a suite of new and improved tools that will ensure that we tackle organised crime effectively and fairly.”— 2016-11-29View Hansard
Opposed the bill as putting the safety of all Queenslanders at risk, arguing Labor is beholden to the CFMEU and is going soft on crime against community wishes.
“I rise to oppose this bill. I think it is a sad day in this House when a government comes to the chamber and tables a bill that puts the safety of all Queenslanders at risk.”— 2016-11-29View Hansard
Opposed the bill, describing it as a politically motivated water-down of effective laws and criticising the task force review for excluding Gold Coast locals and the Crime and Corruption Commission.
“In what can only be described as a politically motivated move, the Palaszczuk Labor government has sought to water down these effective laws.”— 2016-11-29View Hansard
Supported the bill as offering a vastly improved approach to organised crime in all its forms, arguing it extends the ban on colours to all public places and introduces tougher, workable laws backed by three reviews.
“This bill will tackle organised crime in all—and, I repeat, in all—its forms in Queensland. It offers a vastly improved approach to the LNP's suite of laws which primarily targeted outlaw motorcycle gangs—laws that were counterproductive and unworkable.”— 2016-11-29View Hansard
Opposed the bill, arguing the LNP laws worked to shut down bikie clubhouses in his electorate and the consorting replacement will shackle police once again.
“We cannot afford for these laws to be relaxed in any fashion. I will not support this bill.”— 2016-11-29View Hansard
Opposed the bill as placing his constituents and the Gold Coast in more danger, particularly concerned by provisions allowing criminal gang members to obtain weapons licences.
“It concerns me greatly that watering down these laws, which the Labor Party is attempting to do in this place today, is going to place my constituents and the Gold Coast as a whole in more danger.”— 2016-11-29View Hansard
Supported the bill, noting the previous anti-association laws netted no convictions and overreached against ordinary Queenslanders, and praising the new child exploitation provisions with penalties up to 25 years.
“The Palaszczuk government's strong new organised crime regime is in direct response to the reviews conducted by Commissioner Byrne and Chairman Wilson, and we have taken on the ethos of those reviews to design tougher and more effective laws to keep Queenslanders safe from all forms of organised crime, not just bikies.”— 2016-11-29View Hansard
Opposed the bill, arguing the review was a closed-shop with a predetermined outcome and citing crime reductions in 2014 as proof the VLAD laws worked.
“I continue to be proud of our strong response back in 2013 because, very simply, it got the job done. The simple fact is that many criminal gangs fled the state, crime reduced as a result and Queensland was a safer place to live, work and raise a family.”— 2016-11-29View Hansard
Opposed the bill as seriously flawed and driven by political cynicism, arguing the Organised Crime Commission held no public hearings and the task force had a predetermined conclusion.
“This bill is not based on common sense. It is not based on best practice and using the best way to ensure the safety of the majority of Queenslanders. It is based on political cynicism, hypocrisy and expediency.”— 2016-11-29View Hansard
Opposed the bill as a farcical exercise to strip police of effective laws, arguing that as a former ambulance officer he saw the workload reduction on the Gold Coast after VLAD laws took effect.
“This bill is nothing more than a farcical, thinly-veiled exercise by an unscrupulous Labor government to strip our hardworking men and women of the Queensland Police Service of the very laws that have allowed them to protect communities across Queensland from criminals, especially those involved with organised crime.”— 2016-11-29View Hansard
Supported the bill as police minister, describing it as Australia's most comprehensive organised crime regime backed by three reviews and Taskforce Maxima, with tough new consorting, public safety order and child exploitation provisions.
“These laws have been described by the Police Commissioner, Ian Stewart, as 'the strongest laws that possibly exist in Australia to tackle organised crime'. This is the organised crime regime which the Newman LNP government should have implemented in 2013.”— 2016-11-29View Hansard
Opposed the bill as weakening laws against organised crime, arguing Labor's track record is poor and the proposed consorting model relies on police intervention after the fact rather than prevention.
“The issue of dealing with association by wiping out the previous tough laws and replacing them with a consorting model which focuses on arrests and police intervention after the fact is, as my colleague the shadow Attorney-General noted, the wrong way to go and should not be supported.”— 2016-11-29View Hansard
Supported the bill as Premier, describing it as culmination of extensive consultation that delivers workable laws targeting all forms of organised crime including paedophile rings and boiler room fraud, not just outlaw motorcycle gangs.
“The serious and organised crime bill is a tough suite of laws that are operationally strong and constitutionally sound.”— 2016-11-29View Hansard
Opposed the bill, recounting the 1997 Mackay bikie shootout and describing Labor as 'deadset marshmallows' on crime.
“I have said it before in this place: Labor is not soft on crime; it is deadset marshmallows.”— 2016-11-29View Hansard
Supported the bill as former police minister, arguing the LNP laws were ineffectual optics and that under Labor more arrests, resources, covert operation charges and ice seizures have been delivered.
“The Attorney-General is to be congratulated on a body of work that represents the gold standard in consultation, transparency and intellectual rigour. It is a fantastic achievement.”— 2016-11-29View Hansard
Opposed the bill as Leader of the Opposition, arguing Labor is weak on crime and the repeal represents a serious weakening of police powers against organised crime.
“Those are the words of someone who protests too much. There is someone who knows that the laws that are being debated tonight are a serious weakening of the efforts of police and society against organised crime of all descriptions.”— 2016-11-29View Hansard
Opposed the bill, detailing specific concerns about removal of police search powers, repeal of bail presumption, and removal of the fit-and-proper-person test from occupational licensing.
“Nothing is to be gained from weakening the LNP introduced laws and opening up the risk to a rise in criminal activity, not just on the Gold Coast but also on streets across our state.”— 2016-11-29View Hansard
Opposed the bill, calling it the 'soft on crime bill' and arguing criminal bikie gangs are returning en masse to Queensland in anticipation of softer laws, partly due to Labor's CFMEU links.
“This bill represents a significant weakening in the response to organised crime in the state.”— 2016-11-29View Hansard
Gave a mixed assessment, acknowledging elements of good in the VLAD laws but criticising the LNP's rushed process, supporting provisions on child exploitation and drug trafficking, and asking the Attorney-General to address protection of law-abiding bikies. KAP voted in favour on the second reading.
“There were some elements of the VLAD laws that were good, but the way the opposition went about introducing the laws was overdone.”— 2016-11-29View Hansard
As Attorney-General, summed up the debate defending the bill as delivering an agile, comprehensive organised crime regime based on extensive consultation, targeting criminality rather than mere association, and noting zero OMCG convictions under VLAD.
“This bill implements a new organised crime regime for Queensland. It delivers an agile, comprehensive and workable response that tackles all forms of serious and organised crime—not just outlaw motorcycle gangs but also individuals and organised crime groups who sexually exploit children or who are involved in sophisticated financial crimes or who run drug-trafficking syndicates and generate illicit profits.”— 2016-11-29View Hansard
▸In Detail10 Nov 2016 – 29 Nov 2016View Hansard
Consequential amendments to clause 4 (section 6 definitions) to support amendment 3 which retained existing section 15A of the Bail Act 1980
Omit clause 6 to retain existing section 15A of the Bail Act 1980, facilitating efficient Magistrates Court administration and flexibility for bail hearings to proceed outside the original jurisdiction of the charge
Amendment to clause 50 to clarify the heading of section 205 of the Crime and Corruption Act so that all persons appearing before a CCC coercive hearing can apply for financial assistance for legal representation
Amendment to clause 182 to ensure the new information-sharing provision under the Liquor Act does not permit sharing of information given or accessed under the Crime and Corruption Act 2001
Minor renumbering amendment to clause 205 for consistency with Liquor Act numbering conventions
Amendment to clause 251 to ensure the new information-sharing provision under the Motor Dealers and Chattel Auctioneers Act does not permit sharing of CCC-sourced information
Amendments 8 to 11 to clause 267 replacing 'senior police officer' with 'police officer' for serving applications and orders under the new public safety protection order scheme in the Peace and Good Behaviour Act
Amendment to clause 269 removing unit 5/37-31 Pound Street Kingaroy from the list of premises automatically deemed restricted premises, as police advised the property is no longer linked to any declared criminal organisation
Amendments 13 to 17 to various occupational licensing clauses (348, 373, 391, 440, 464) ensuring information-sharing provisions do not extend to information given or accessed under the Crime and Corruption Act 2001
Amendment to clause 488 to remove 'criminal organisation' and 'identified participant' definitions from the Weapons Act dictionary and correct a drafting oversight with the definition of 'criminal intelligence'
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