Criminal Organisations Control Amendment (Unlawful Associations) Act 2015
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Criminal Organisations Control Amendment
(Unlawful Associations) Act 2015
No. 48 of 2015
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary 1
1 Purposes 1
2 Commencement 2
Part 2—Amendment of Criminal Organisations Control Act 2012 3
3 New purpose inserted 3
4 Definitions 3
5 New Part 5A inserted 4
6 Annual report 16
7 Delegation 17
8 Review of Act 18
Part 3—Amendment of Summary Offences Act 1966 19
9 Repeal of section 49F (Consorting) 19
Part 4—Repeal of amending Act 20
10 Repeal of amending Act 20
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Endnotes 21
1 General information 21
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Criminal Organisations Control
Amendment (Unlawful Associations)
Act 2015 †
No. 48 of 2015
[Assented to 13 October 2015]
The Parliament of Victoria enacts:
Part 1—Preliminary
1 Purposes
The purposes of this Act are—
(a) to amend the Criminal Organisations
Control Act 2012 to prohibit individuals
associating with individuals convicted of
serious criminal offences for the purpose of
preventing the commission of offences; and
Victoria
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Part 1—Preliminary
Criminal Organisations Control Amendment (Unlawful Associations) Act
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(b) to repeal the offence of consorting from the
Summary Offences Act 1966.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2016, it comes into
operation on that day.
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Part 2—Amendment of Criminal Organisations Control Act 2012
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Part 2—Amendment of Criminal
Organisations Control Act 2012
3 New purpose inserted
After section 1(b) of the Criminal Organisations
Control Act 2012 insert—
"(ba) to prohibit individuals associating with
individuals convicted of serious criminal
offences for the purpose of preventing the
commission of offences; and".
4 Definitions
In section 3(1) of the Criminal Organisations
Control Act 2012 insert the following
definitions—
"Adult Parole Board means the Adult Parole
Board established under section 61 of the
Corrections Act 1986;
convicted offender—see section 124D(1)(a);
family member has meaning given by section 8 of
the Family Violence Protection Act 2008;
gazetted event or gathering means an event or
gathering specified in an order under
section 124C;
health service has the same meaning as in the
Health Practitioner Regulation National Law
(Victoria);
lawful association authority means an authority
granted under section 124B;
senior police officer means a police officer of or
above the rank of senior sergeant;
unlawful association notice means a notice issued
under section 124D or 124E;".
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5 New Part 5A inserted
After Part 5 of the Criminal Organisations
Control Act 2012 insert—
"Part 5A—Unlawful association
Division 1—Offences
124A Association with individuals convicted of
serious criminal offences prohibited
(1) An individual who has been served an
unlawful association notice must not
associate with an individual specified in that
notice (the specified individual)—
(a) on 3 or more occasions in a 3 month
period; or
(b) on 6 or more occasions in a 12 month
period.
Penalty: Imprisonment for 3 years or
360 penalty units or both.
(2) An offence against subsection (1) is an
indictable offence.
(3) Subsection (1) does not apply if the
individual served an unlawful association
notice associates with the specified
individual on an occasion as set out in that
subsection and—
(a) those individuals are family members;
and
(b) those individuals associate for a
purpose that is not an ulterior purpose.
(4) Subsection (1) does not apply if the
individual served an unlawful association
notice associates with the specified
individual on an occasion as set out in that
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subsection in any of the following ways and
that association is not for an ulterior
purpose—
(a) in the course of lawful employment or
the lawful operation of a business;
(b) in the course of participating in
education or vocational training;
(c) while either or both of them are being
provided a health service;
(d) while either or both of them are being
provided legal advice;
(e) while in lawful custody or in the course
of complying with an order,
requirement or direction imposed by—
(i) a court; or
(ii) the Adult Parole Board; or
(iii) the Secretary to the Department of
Justice and Regulation;
(f) for genuine political purposes, or in
lawful protest or industrial action;
Note
See also section 11.
(g) in accordance with a lawful association
authority granted to the individual;
(h) at a gazetted event or gathering.
(5) In this section—
ulterior purpose means—
(a) the purpose to avoid the
application of subsection (1); or
(b) the purpose of planning, inciting
or committing an offence; or
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(c) the purpose of expanding an
organised criminal group or
criminal network.
124B Lawful association authority
(1) An individual who has been served an
unlawful association notice may apply to the
Chief Commissioner for authority to
associate with an individual specified in that
notice (the specified individual) at an event
or gathering (a lawful association
authority).
(2) An application must specify—
(a) the applicant's name and address; and
(b) details of the unlawful association
notice that applies to the applicant; and
(c) the name of the specified individual
with whom the applicant wishes to
associate; and
(d) details of the event or gathering at
which the applicant wishes to associate
with the specified individual; and
(e) the reasons why the applicant wishes to
associate with the specified individual
at the event or gathering.
(3) On receiving an application, the Chief
Commissioner may—
(a) approve the application and grant a
lawful association authority to the
applicant; or
(b) refuse to approve the application.
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124C Gazetted events or gatherings
The Chief Commissioner, by notice
published in the Government Gazette, may
specify a kind of, or a class of a kind of,
event or gathering for the purposes of
section 124A(4)(h).
Division 2—Unlawful association notices
124D Issue of unlawful association notice
(1) A senior police officer may issue a notice in
respect of an individual who is 18 years old
or older if the senior police officer
reasonably believes that—
(a) the individual has, on at least one
occasion, associated with an individual
convicted of an applicable offence tried
on indictment (a convicted offender);
and
(b) the commission of an offence is likely
to be prevented if those individuals are
prevented from associating with each
other.
(2) For the purposes of subsection (1)—
(a) an individual convicted of an applicable
offence tried on indictment includes an
individual convicted of such an offence
on indictment before the
commencement of section 5 of the
Criminal Organisations Control
Amendment (Unlawful Associations)
Act 2015; and
(b) any association with a convicted
offender by the individual on whom the
notice will be served includes an
association with the convicted offender
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before the commencement of that
section.
(3) An unlawful association notice issued under
subsection (1) must specify the convicted
offender referred to in that subsection as an
individual with whom the individual served
the notice must not associate.
124E Further related unlawful association
notices
(1) This section applies if a senior police officer
issues an unlawful association notice under
section 124D(1) (an initial notice).
(2) Subject to this section, the senior police
officer must issue a notice in respect of each
convicted offender specified in the initial
notice.
(3) The senior police officer is not required to
issue an unlawful association notice under
subsection (2) if the officer considers that
exceptional circumstances exist such that the
issue of an unlawful association notice under
that subsection is not required.
(4) An unlawful association notice issued under
subsection (2) must specify the individual in
respect of whom the initial notice was issued
as the individual with whom the convicted
offender must not associate.
(5) A senior police officer must not issue an
unlawful association notice under
subsection (2) in respect of a convicted
offender who is under 18 years old.
(6) An initial notice is not invalidated by reason
only of the senior police officer not issuing
an unlawful association notice under this
section.
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124F Content of unlawful association notices
An unlawful association notice must—
(a) specify—
(i) the name and address of the
individual on whom the notice
will be served; and
(ii) the date of issue of the notice; and
(iii) the name of every individual
required to be specified under
section 124D(3) or 124E(4), as the
case requires; and
(iv) the name, rank and place of duty
of the senior police officer who
issued the notice, or an identifying
reference of that officer; and
(v) that the notice remains in effect
for 3 years after the date it is
served unless sooner revoked; and
(b) include—
(i) a statement explaining the effect
of the notice and section 124A(1);
and
(ii) information about the
exceptions to the offence under
section 124A(1) that are set out in
section 124A(3) and (4); and
(iii) a statement to the effect that an
individual served with an unlawful
association notice may apply
under Division 3 for an internal
review of the decision to issue the
notice; and
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(iv) a statement to the effect that an
individual served with an unlawful
association notice is entitled to
apply for a lawful association
authority.
124G When an unlawful association notice takes
effect
An unlawful association notice takes effect
on the day it is served on the individual in
respect of whom it is issued.
124H Duration of an unlawful association notice
An unlawful association notice remains in
effect for 3 years after it is issued unless it is
sooner revoked under section 124K or 124P.
124I Service of unlawful association notice
A senior police officer must cause an
unlawful association notice to be served on
the individual in respect of whom it is issued
as soon as practicable after it is issued.
Note
For service, see Division 2 of Part 6.
124J Amendment of unlawful association notice
to correct clerical errors or obvious
defects
(1) A senior police officer may amend an
unlawful association notice to correct a
clerical error or an obvious defect in the
notice.
(2) The senior police officer must—
(a) issue an amended unlawful association
notice; and
(b) cause the amended notice to be served
on the individual on whom the initial
unlawful association notice was served
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as soon as practicable after the decision
to amend the notice.
Note
For service, see Division 2 of Part 6.
(3) An amended unlawful association notice
must specify and include the things required
under 124F with the necessary amendments.
(4) The period of effect of an unlawful
association notice does not change because
of the amendments made to it under this
section.
124K Revocation of unlawful association notice
(1) A senior police officer, by written notice,
may revoke an unlawful association notice.
(2) A notice under subsection (1) must specify—
(a) the name and address of the individual
on whom the revoked unlawful
association notice was served; and
(b) appropriate details that identify the
revoked unlawful association notice;
and
(c) the name, rank and place of duty of the
senior police officer issuing the notice,
or an identifying reference of that
officer; and
(d) the date on which the notice is issued.
(3) The senior police officer must cause a notice
under subsection (1) to be served on the
individual on whom the revoked unlawful
association notice was served as soon as
practicable after the decision to revoke it.
Note
For service, see Division 2 of Part 6.
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Division 3—Internal review of unlawful
association notice decisions
124L Definitions
In this Division—
original decision maker means the senior
police officer who made the decision to
issue or amend an unlawful association
notice in relation to which an
application has been made under
section 124M;
reviewable decision—see section 124M(1);
reviewing officer means the senior police
officer appointed under
section 124N(1).
124M Application for internal review
(1) An individual on whom an unlawful
association notice is served may apply to the
Chief Commissioner for a review of any of
the following decisions (a reviewable
decision)—
(a) a decision to issue an unlawful
association notice;
(b) a decision to amend an unlawful
association notice under section 124J.
(2) An application must be made within 28 days
after being served the notice or the amended
notice.
(3) An application must be in the form approved
(in writing) by the Chief Commissioner.
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124N Decision on internal review
(1) On receiving an application under
section 124M, the Chief Commissioner must
appoint a senior police officer to review the
reviewable decision.
(2) The reviewing officer—
(a) must not be the original decision maker
or have been substantially involved in
the making of the reviewable decision;
and
(b) must be a police officer of the same
rank as, or above the rank of, the
original decision maker.
(3) The reviewing officer must, on review, make
a fresh decision —
(a) that affirms or amends the decision of
the original decision maker to issue or
amend the unlawful association notice;
or
(b) that sets aside the decision of the
original decision maker to issue or
amend the unlawful association notice
and substitutes another decision that the
reviewing officer considers appropriate.
(4) The reviewing officer must make a decision
under subsection (3) within 28 days after the
application is made.
(5) Without limiting subsection (3), the
reviewing officer, on review, must consider
all the information, material and evidence
before the original decision maker.
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(6) The reviewing officer must—
(a) advise the applicant, in writing, of the
outcome of the officer's decision on
review; and
(b) cause the reviewing officer's advice to
be served on the applicant as soon as
practicable after the decision.
Note
For service, see Division 2 of Part 6.
124O Amendment of unlawful association notice
following review
(1) This section applies if—
(a) a reviewing officer decides under
section 124N to amend or set aside the
decision of an original decision maker
and substitute a different decision; and
(b) the effect of that decision is that the
unlawful association notice be
amended.
(2) The reviewing officer must—
(a) issue an amended unlawful association
notice; and
(b) cause the amended notice to be served
on the individual on whom the initial
unlawful association notice was served
as soon as practicable after the
decision.
Note
For service, see Division 2 of Part 6.
(3) An amended unlawful association notice
must specify and include the things required
under section 124F with the necessary
amendments.
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(4) The period of effect of an unlawful
association notice does not change because
of the amendments made to it under this
section.
124P Revocation of unlawful association notice
following review
(1) This section applies if—
(a) a reviewing officer decides under
section 124N to set aside the decision
of an original decision maker and
substitute a different decision; and
(b) the effect of that decision is that the
unlawful association notice be revoked.
(2) The reviewing officer, by written notice,
must revoke the unlawful association notice.
(3) In addition, the reviewing officer must
review any related unlawful association
notice and if necessary, by written notice,
must revoke that notice.
(4) A notice under subsection (2) or (3) must
specify—
(a) the name and address of the individual
on whom the revoked unlawful
association notice was served; and
(b) appropriate details that identify the
revoked unlawful association notice;
and
(c) the name, rank and place of duty of the
reviewing officer issuing the notice, or
an identifying reference of that officer;
and
(d) the date on which the notice is issued.
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(5) The reviewing officer must cause a notice
under subsection (2) or (3) to be served on
the individual on whom the revoked
unlawful association notice was served as
soon as practicable after the decision.
Note
For service, see Division 2 of Part 6.
(6) In this section—
related unlawful association notice means
an unlawful association notice under
which the individual on whom the
revoked unlawful association notice
was served is an individual specified in
the notice.
Note
See section 124E(4).
124Q Application for internal review does not
stay effect of unlawful association notice
An application under section 124M does not
stay the effect of the unlawful association
notice issued under the decision that is the
subject of an application under that section.".
6 Annual report
(1) After section 133(1)(k) of the Criminal
Organisations Control Act 2012 insert—
"(ka) the number of unlawful association notices
issued during that financial year, including
the number of notices issued in respect of
Aboriginals;
(kb) details of the ages (in ranges) of individuals
in respect of whom unlawful association
notices were issued during that financial
year;
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(kc) the number of Aboriginals charged with an
offence against section 124A(1) during that
financial year;
(kd) details of the ages (in ranges) of individuals
charged with an offence against
section 124A(1) during that financial year;
(ke) the number of lawful association authorities
granted during that year;
(kf) the number of notices published under
section 124C during that financial year;
(kg) the number of decisions of senior police
officers set aside under Division 3 of
Part 5A;".
(2) After section 133(3) of the Criminal
Organisations Control Act 2012 insert—
"(4) In this section—
Aboriginal has the same meaning as in the
Charter of Human Rights and
Responsibilities Act 2006.".
7 Delegation
(1) In section 136(1) of the Criminal Organisations
Control Act 2012, for "other than this power of
delegation" substitute "except section 124B".
(2) After section 136(1) of the Criminal
Organisations Control Act 2012 insert—
"(1A) The Chief Commissioner, by instrument,
may delegate any function or power the
Chief Commissioner has under section 124B
to a senior police officer.".
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8 Review of Act
(1) For section 137(1) of the Criminal
Organisations Control Act 2012 substitute—
"(1) The Attorney-General must cause a review
to be undertaken of the operation and
effectiveness of this Act during the report
period.".
(2) After section 137(6) of the Criminal
Organisations Control Act 2012 insert—
"(7) In this section—
report period means the period—
(a) beginning on this Act's
commencement; and
(b) ending on the day that is 3 years
after the day on which all of the
amendments made by the
Criminal Organisations
Control Amendment
(Unlawful Associations) Act
2015 are in operation.".
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Part 3—Amendment of Summary Offences Act 1966
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Part 3—Amendment of Summary Offences
Act 1966
9 Repeal of section 49F (Consorting)
Section 49F of the Summary Offences Act 1966
is repealed.
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Part 4—Repeal of amending Act
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Part 4—Repeal of amending Act
10 Repeal of amending Act
This Act is repealed on 1 July 2017.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Endnotes
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
† Minister's second reading speech—
Legislative Assembly: 2 September 2015
Legislative Council: 17 September 2015
The long title for the Bill for this Act was "A Bill for an Act to amend the
Criminal Organisations Control Act 2012 to prohibit individuals
associating with individuals convicted of serious criminal offences for the
purpose of preventing the commission of offences and to repeal the
offence of consorting from the Summary Offences Act 1966 and for
other purposes."
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