Section 26A Crimes (Criminal Organisations Control) Act 2012 | Recruiting to Become Member of Declared Organisation


The Crimes (Criminal Organisations Control) Act contains various offences in relation to ‘declared organisations.’

It also imposes heavy penalties which may be applied in cases where a person is found guilty of an offence.

Section 26A of the Act states that it is an offence for a ‘controlled member’ of a ‘declared organisation’ to recruit another person to become a member of that organisation.

A ‘declared organisation’ is a group that has been made the subject of a court-made declaration under the Act which recognises that the group is a ‘criminal organisation.’

A ‘controlled member’ is a person who is the subject of an interim control order or a control order.

The maximum penalty for this offence is 5 years imprisonment.

If you have been charged with this offence, our criminal defence team can help you understand your options when it comes to fighting the charges.

The Legislation

26A Recruiting persons to become member of declared organisation

(1) A controlled member of a declared organisation who recruits another person to become a member of the organisation is guilty of an offence. Maximum penalty: Imprisonment for 5 years.

(2) In this section: “recruit” includes counsel, procure, solicit, incite or induce.

Why Sydney Criminal Lawyers®?

Being accused of recruiting members of a declared organisation is can be a confronting and distressing experience.

However, you can give yourself the best defence against the charges by getting Sydney’s best criminal lawyers on your side.

Our knowledgeable and dedicated advocates fight hard to secure the best possible outcome in every matter.

We will take the time to carefully examine all the evidence in your case in order to identify any weaknesses in the prosecution case.

Where issues are found, our dedicated lawyers will write to the prosecution explaining these problems and seeking to have the charges dropped.

If the prosecution refuses to drop the charges, we guarantee that our senior lawyers will fight hard to secure the best possible outcome for you in court by presenting all favourable evidence and examining any witnesses that may support your case.

Should you wish to plead guilty, our exceptional advocates will prepare compelling sentencing submissions which emphasise the need for a favourable penalty.

Call us today on (02) 9261 8881 and book a FREE first conference to discuss your case with one of our esteemed criminal defence lawyers.