From 21 November 2024, Police will have new powers to disrupt and directly target gang activity through the Gangs Act 2024.
The purpose of the legislation is to reduce the ability of gangs to operate and to cause fear, intimidation, and disruption to the public by;
- prohibiting the display of gang insignia in public
- providing police the power to issue dispersal notices on gang members who are believed to be unreasonably disrupting the activities of the public
- providing for the making of non-consorting orders, which prohibits association and communication between specified gang offenders for three years.
FAQs
These frequently asked questions have been prepared as a guide. Refer to the Gangs Act 2024 (not yet in force) for legal definitions and final provisions.
What is gang insignia?
- A sign, symbol or representation commonly displayed to denote membership of, or an affiliation with, a gang.
- Includes any item or thing to which a sign, symbol, or representation is attached/affixed e.g. clothing or a vehicle.
- Excludes tattoos and does not include coloured clothing.
What is a public place?
- A place that is open to or being used by the public.
- Includes any vehicle, craft or vessel in a public place– ie motor vehicle, train, ferry, aircraft.
- Does not include online places such as the internet or an online application, and the parliamentary precincts.
What does display mean?
- “Displaying” gang insignia means more than simply making the gang insignia visible in public.
- The person must both make the gang insignia visible and intend that the gang insignia be shown to others in that public place.
What gangs do these laws apply to?
These new laws apply to 35 gangs listed in the Gangs Act.
How is a gang member defined?
Definitions of a gang member in the Gangs Act 2024 include:
- an individual who is a prospective member or nominee
- an individual who demonstrates affiliation to a gang by displaying the gang’s insignia
- an individual who is involved in the affairs of a gang for the likely purpose of participating in a criminal activity.
What is a dispersal notice?
From 21 November 2024 Police can issue dispersal notices to gang members, which require them to leave an area and not associate in public for 7 days.
- Police can issue a dispersal notice if they have reasonable grounds to suspect three or more gang members are gathering in public, and the dispersal is necessary to avoid unreasonably disrupting the activities of other members of the public.
- Once issued a dispersal notice, the persons can be required to leave the public place immediately and not associate with one another in public for 7 days.
Can someone wear gang insignia at home?
Yes*. They will not be breaching the Gangs Act by wearing gang insignia in a private residence
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*Unless they are subject to a prohibition order
Can gang insignia be worn in a car?
Only if it is not displayed (for example, covered by other clothing or out of sight of the public).
Can gang insignia be worn to the shops, to watch a sports game, or to sports clubrooms?
No. The Gangs Act specifies insignia is not to be displayed in a public place.
Can a gang symbol be on my vehicle?
No. The Gangs Act specifically prohibits insignia being attached or affixed to a vehicle if it is on display
Resources
More information will be published on this page as we move closer to 21 November.