The Liquor Licensing Act 1997 (SA) also contains offences relating to criminal organisations [ss 117B - 117F].
The Governor can declare a criminal organisation to be a declared criminal organisation on recommendation from the Crime and Public Integrity Policy Committee of Parliament [ s 117B (3)-(4)].
Under section 117D the licensee, employees, and the responsible person must not allow people who wear or carry a prohibited item onto the licensed premises.
Maximum penalty: $10 000
It is a defence if they have asked for police assistance after a refusal of a person to leave when requested to do so [s 117D(2)].
Prohibited item includes an item of clothing or jewellery or an accessory that displays -
- the name of a declared criminal organisation; or
- the club patch, insignia or logo of a declared criminal organisation; or
- any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, a declared criminal organisation [ s 117B(1)].
It is an offence to enter and remain in a licensed premesis wearing or carrying a prohibited item [s 117E]. Failing to leave the premises when required is also an offence [s 117F]. Penalties for both of these are offences are the same:
- Maximum penalty (first offence) : $25 000
- Maximum penalty (second offence) : $50 000 or 6 months imprisonment
- Maximum penalty (third and subsequent offence) : $100 000 or 18 months imprisonment.
Resisting the removal from the premises is a further offence [s 117F(4)].
- Maximum penalty (first offence): $50 000 or 6 months imprisonment
- Maximum penalty (second and subsequent offence) : $100 000 or 18 months imprisonment
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