(b)
(c)
61.
chairman, secretary or treasurer of such society;
is a member of the committee or governing or executive body of
the society; or
holds in that society any office or position analogous to any
office or position specified in this section.
Miscellaneous provisions relating to unlawful societies.
(1) A prosecution for an offence under section 57, 58 or 59 shall not
be instituted except with the consent of the Director of Public Prosecutions;
except that a person charged with such an offence may be arrested, or a
warrant for his or her arrest may be issued and executed, and any such person
may be remanded in custody or on bail, notwithstanding that the consent of
the Director of Public Prosecutions to the institution of a prosecution for the
offence has not been obtained; but no further or other proceedings shall be
taken until that consent has been obtained.
(2) Notwithstanding any rule of law or practice to the contrary, in any
prosecution for an offence mentioned in subsection (1), for the purpose of
establishing the existence of a society, evidence may be adduced and shall
be admitted which—
(a) shows that any person is reputed to be a member of such society;
(b) shows that any announcement has been made, whether by the
person charged or by any other person, by any means, that the
society has been formed or is in existence; or
(c) shows that by repute such society is in existence.
(3) Any person who attends a meeting of an unlawful society shall be
presumed, unless the contrary is proved, to be a member of the society.
(4) Any person who has in his or her possession or custody or under
his or her control any of the insignia, banners, arms, books, papers,
documents or other property belonging to an unlawful society, or wears any
of the insignia, or is marked with any mark of the society, shall be presumed,
unless the contrary is proved, to be a member of the society.
(5) Any office bearer of an unlawful society shall be permitted to
become an office bearer of another society or may manage or assist in the
management of another society two years after the date on which the
unlawful society became unlawful or at any time if the Minister gives him or
her permission.
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