CRIMINAL ORGANISATIONS CONTROL ACT 2012 (NO. 80 OF 2012)
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 4 Meaning of applicable offence
- 5 Meaning of criminal history
- 6 Meaning of office holder
- 7 Meaning of organisation
- 8 Meaning of prospective member
- 9 Meaning of respondent
- 10 Descriptions of offences in the Schedule
- 11 Intention of Parliament that exercise of powers under this Act not diminish certain rights
- 12 Extra-territorial operation
- 13 Crown to be bound
PART 2--DECLARATIONS
Division 1--Applications for declarations
- 14 Chief Commissioner may apply for declaration
- 15 Form and content of application
- 16 Notice of application in respect of an organisation
- 17 Objection to application for declaration
- 18 Court may extend or abridge the time within which an objection may be made
Division 2--Determination of applications
- 19 Court may make declaration
- 20 Criminal history of members, former members and prospective members of certain organisations
- 21 Standard of proof that applies to applications
- 22 Form of declaration
- 23 When a declaration takes effect
- 24 Duration of declaration
- 25 Service of declaration
- 26 Notice of making of declaration in respect of an organisation
Division 3--Revocation of declarations
- 27 Application for revocation of declaration
- 28 Form and content of application
- 29 Determination of application for revocation of declaration
- 30 When revocation of declaration takes effect
- 31 Service of order revoking declaration
- 32 Notice of revocation of declaration in respect of an organisation
Division 4--Renewal of declarations
- 33 Application for renewal of declaration
- 34 Determination of application for renewal of declaration
- 35 Applicable procedure for renewal of declarations
- 36 When a renewed declaration takes effect
- 37 Declarations may be renewed more than once
PART 3--CONTROL ORDERS
Division 1--Applications for control orders
- 38 Chief Commissioner may apply for control order
- 39 Form and content of application
- 40 Notice of application in respect of an organisation
- 41 Objection to application for control order
- 42 Court may extend or abridge the time within which an objection may be made
Division 2--Determination of applications
- 43 Court may make control order
- 44 Criminal history of current and former members and prospective members of certain organisations
- 45 Content of control orders—declared organisations
- 46 Winding up of incorporated associations that are prohibited from operating under a control order
- 47 Content of control orders—individuals
- 48 Ancillary orders
- 49 Conditions restricting association with others
- 50 Court must specify when control order takes effect
- 51 Standard of proof that applies to applications
- 52 Form of control order
- 53 Duration of control order
- 54 Service of control order
- 55 Notice of making of control order that applies to a declared organisation
Division 3--Variation or revocation of control orders and ancillary orders
- 56 Application for variation or revocation of control order or ancillary order
- 57 Form and content of application
- 58 Determination of application for variation or revocation of control order or ancillary order
- 59 Court must specify when variation or revocation of control order or ancillary order takes effect
- 60 Service of varied control order or ancillary order
- 61 Service of order revoking control order or ancillary order
- 62 Notice of variation or revocation of control order or ancillary order applying to an organisation
Division 4--Renewal of control orders
- 63 Application for renewal of control orders
- 64 Determination of application for renewal of control order
- 65 Applicable procedure for renewal of control order
- 66 When a renewed control order takes effect
- 67 Control orders may be renewed more than once
Division 5--Offences
- 68 Individual to whom or organisation to which a control order applies must comply with order
PART 4--PROTECTION OF CRIMINAL INTELLIGENCE
Division 1--Preliminary
- 69 Definitions
Division 2--Criminal intelligence protection orders
- 70 Application for criminal intelligence protection order
- 71 Appointment and role of special counsel
- 72 Adjournment to allow special counsel to communicate with respondent
- 73 Protection application to be heard in closed court unless Court orders otherwise
- 74 Offence to enter closed court
- 75 Determining protection application
- 76 Admissibility of protected criminal intelligence
- 77 Offence to publish report of hearing of protection application
Division 3--How protected criminal intelligence is dealt with in substantive applications
- 78 Division applies to the relevant part of a substantive application
- 79 Appointment and role of special counsel
- 80 Adjournment to allow special counsel to communicate with respondent
- 81 Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise
- 82 Offence to enter closed court
- 83 Offence to publish report of hearing of relevant part
Division 4--General
- 84 Disclosure, receipt or solicitation of protected criminal intelligence
- 85 Disclosure, receipt or solicitation of other confidential material
PART 5--RECOGNITION OF CORRESPONDING DECLARATIONS AND CONTROL ORDERS
Division 1--Reciprocal recognition of corresponding declarations
Subdivision 1--Application for registration- 86 Chief Commissioner may apply for registration of corresponding declaration
- 87 Form and content of application Subdivision 2--Registration of corresponding declaration
- 88 Registration of corresponding declaration by Prothonotary
- 89 Period of registration
- 90 Notice and copy to Chief Commissioner
- 91 Service of corresponding declaration
- 92 Notice of registration of corresponding declaration
- 93 Effect of failure to comply with sections 90 to 92
- 94 Commencement of registered corresponding declaration
- 95 Duration of registered corresponding declaration
- 96 Effect of registration of corresponding declaration Subdivision 3--Cancellation of registration
- 97 Cancellation of registration of corresponding declaration
- 98 Notice of cancellation
Division 2--Reciprocal recognition of corresponding control orders
Subdivision 1--Application for registration- 99 Chief Commissioner may apply for registration of corresponding control orders
- 100 Form and content of application Subdivision 2--Registration of corresponding control orders
- 101 Registration of corresponding control order by Prothonotary
- 102 Referral of application to Court for variation
- 103 Service of application
- 104 Hearing of application
- 105 Determination of application for registration
- 106 Registration of corresponding control order after determination of Court
- 107 Period of registration
- 108 Notice and copy to Chief Commissioner
- 109 Service of corresponding control order
- 110 Commencement of registered corresponding control order
- 111 Duration of registered corresponding control order
- 112 Effect of registration of corresponding control order Subdivision 3--Application for variation of registered corresponding control order
- 113 Application for variation of registered corresponding control order
- 114 Form and content of application
- 115 Determination of Court in relation to application for variation
- 116 Prothonotary must give effect to determination of Court
- 117 Notice and copy of varied order to Chief Commissioner
- 118 Service of order with variation Subdivision 4--Cancellation of registration of corresponding control order
- 119 Application for cancellation of registered corresponding control order
- 120 Form and content of application
- 121 Determination of Court in relation to application for cancellation
- 122 Prothonotary must give effect to determination of Court
- 123 Notice to Chief Commissioner
- 124 Service of notice on respondent
PART 6--GENERAL
Division 1--Corporate criminal responsibility
Division 2--Service
- 127 General rules as to service
- 128 Service on an individual
- 129 Service on bodies and associations incorporated interstate
Division 3--Register
- 130 Register of declarations, control orders and corresponding orders
- 131 Information to be kept on register
- 132 Public access to certain entries on register
Division 4--Reporting
- 133 Annual report
Division 5--Other matters
- 134 Information sharing
- 135 Nature of proceedings under Act
- 136 Delegation
- 137 Review of Act
- 138 Regulations
PART 7--AMENDMENT OF OTHER ACTS
Division 1--Amendment of Supreme Court Act 1986
- 139 Restriction on appeals
Division 2--Amendment of Civil Procedure Act 2010
- 140 Application of Act