Criminal Organisations Control Act 2012

Authorised by the Chief Parliamentary Counsel Authorised Version i Criminal Organisations Control Act 2012 No. 80 of 2012 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 2 3 Definitions 2 4 Meaning of applicable offence 8 5 Meaning of criminal history 9 6 Meaning of office holder 9 7 Meaning of organisation 11 8 Meaning of prospective member 11 9 Meaning of respondent 12 10 Descriptions of offences in the Schedule 14 11 Intention of Parliament that exercise of powers under this Act not diminish certain rights 15 12 Extra-territorial operation 15 13 Crown to be bound 15 PART 2—DECLARATIONS 16 Division 1—Applications for declarations 16 14 Chief Commissioner may apply for declaration 16 15 Form and content of application 16 16 Notice of application in respect of an organisation 17 17 Objection to application for declaration 18 18 Court may extend or abridge the time within which an objection may be made 19 Division 2—Determination of applications 19 19 Court may make declaration 19 20 Criminal history of members, former members and prospective members of certain organisations 22 21 Standard of proof that applies to applications 23 22 Form of declaration 23 23 When a declaration takes effect 23 24 Duration of declaration 23 25 Service of declaration 23 26 Notice of making of declaration in respect of an organisation 24 -- 1 of 117 -- Section Page ii Authorised by the Chief Parliamentary Counsel Division 3—Revocation of declarations 25 27 Application for revocation of declaration 25 28 Form and content of application 25 29 Determination of application for revocation of declaration 26 30 When revocation of declaration takes effect 26 31 Service of order revoking declaration 26 32 Notice of revocation of declaration in respect of an organisation 27 Division 4—Renewal of declarations 28 33 Application for renewal of declaration 28 34 Determination of application for renewal of declaration 28 35 Applicable procedure for renewal of declarations 28 36 When a renewed declaration takes effect 29 37 Declarations may be renewed more than once 29 PART 3—CONTROL ORDERS 30 Division 1—Applications for control orders 30 38 Chief Commissioner may apply for control order 30 39 Form and content of application 30 40 Notice of application in respect of an organisation 31 41 Objection to application for control order 32 42 Court may extend or abridge the time within which an objection may be made 33 Division 2—Determination of applications 33 43 Court may make control order 33 44 Criminal history of current and former members and prospective members of certain organisations 35 45 Content of control orders—declared organisations 35 46 Winding up of incorporated associations that are prohibited from operating under a control order 37 47 Content of control orders—individuals 37 48 Ancillary orders 40 49 Conditions restricting association with others 40 50 Court must specify when control order takes effect 40 51 Standard of proof that applies to applications 40 52 Form of control order 40 53 Duration of control order 41 54 Service of control order 42 55 Notice of making of control order that applies to a declared organisation 42 -- 2 of 117 -- Section Page iii Authorised by the Chief Parliamentary Counsel Division 3—Variation or revocation of control orders and ancillary orders 44 56 Application for variation or revocation of control order or ancillary order 44 57 Form and content of application 44 58 Determination of application for variation or revocation of control order or ancillary order 45 59 Court must specify when variation or revocation of control order or ancillary order takes effect 45 60 Service of varied control order or ancillary order 46 61 Service of order revoking control order or ancillary order 46 62 Notice of variation or revocation of control order or ancillary order applying to an organisation 46 Division 4—Renewal of control orders 48 63 Application for renewal of control orders 48 64 Determination of application for renewal of control order 48 65 Applicable procedure for renewal of control order 48 66 When a renewed control order takes effect 49 67 Control orders may be renewed more than once 49 Division 5—Offences 49 68 Individual to whom or organisation to which a control order applies must comply with order 49 PART 4—PROTECTION OF CRIMINAL INTELLIGENCE 51 Division 1—Preliminary 51 69 Definitions 51 Division 2—Criminal intelligence protection orders 51 70 Application for criminal intelligence protection order 51 71 Appointment and role of special counsel 52 72 Adjournment to allow special counsel to communicate with respondent 53 73 Protection application to be heard in closed court unless Court orders otherwise 54 74 Offence to enter closed court 55 75 Determining protection application 56 76 Admissibility of protected criminal intelligence 57 77 Offence to publish report of hearing of protection application 57 -- 3 of 117 -- Section Page iv Authorised by the Chief Parliamentary Counsel Division 3—How protected criminal intelligence is dealt with in substantive applications 57 78 Division applies to the relevant part of a substantive application 57 79 Appointment and role of special counsel 58 80 Adjournment to allow special counsel to communicate with respondent 60 81 Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise 60 82 Offence to enter closed court 62 83 Offence to publish report of hearing of relevant part 62 Division 4—General 63 84 Disclosure, receipt or solicitation of protected criminal intelligence 63 85 Disclosure, receipt or solicitation of other confidential material 64 PART 5—RECOGNITION OF CORRESPONDING DECLARATIONS AND CONTROL ORDERS 67 Division 1—Reciprocal recognition of corresponding declarations 67 Subdivision 1—Application for registration 67 86 Chief Commissioner may apply for registration of corresponding declaration 67 87 Form and content of application 67 Subdivision 2—Registration of corresponding declaration 67 88 Registration of corresponding declaration by Prothonotary 67 89 Period of registration 68 90 Notice and copy to Chief Commissioner 69 91 Service of corresponding declaration 69 92 Notice of registration of corresponding declaration 69 93 Effect of failure to comply with sections 90 to 92 70 94 Commencement of registered corresponding declaration 70 95 Duration of registered corresponding declaration 71 96 Effect of registration of corresponding declaration 71 Subdivision 3—Cancellation of registration 71 97 Cancellation of registration of corresponding declaration 71 98 Notice of cancellation 72 -- 4 of 117 -- Section Page v Authorised by the Chief Parliamentary Counsel Division 2—Reciprocal recognition of corresponding control orders 72 Subdivision 1—Application for registration 72 99 Chief Commissioner may apply for registration of corresponding control orders 72 100 Form and content of application 73 Subdivision 2—Registration of corresponding control orders 73 101 Registration of corresponding control order by Prothonotary 73 102 Referral of application to Court for variation 74 103 Service of application 75 104 Hearing of application 75 105 Determination of application for registration 75 106 Registration of corresponding control order after determination of Court 77 107 Period of registration 77 108 Notice and copy to Chief Commissioner 77 109 Service of corresponding control order 78 110 Commencement of registered corresponding control order 78 111 Duration of registered corresponding control order 78 112 Effect of registration of corresponding control order 78 Subdivision 3—Application for variation of registered corresponding control order 79 113 Application for variation of registered corresponding control order 79 114 Form and content of application 79 115 Determination of Court in relation to application for variation 80 116 Prothonotary must give effect to determination of Court 80 117 Notice and copy of varied order to Chief Commissioner 81 118 Service of order with variation 81 Subdivision 4—Cancellation of registration of corresponding control order 81 119 Application for cancellation of registered corresponding control order 81 120 Form and content of application 82 121 Determination of Court in relation to application for cancellation 82 122 Prothonotary must give effect to determination of Court 83 123 Notice to Chief Commissioner 83 124 Service of notice on respondent 83 -- 5 of 117 -- Section Page vi Authorised by the Chief Parliamentary Counsel PART 6—GENERAL 85 Division 1—Corporate criminal responsibility 85 125 Definitions 85 126 Corporate criminal responsibility for certain offences against this Act 86 Division 2—Service 87 127 General rules as to service 87 128 Service on an individual 88 129 Service on bodies and associations incorporated interstate 88 Division 3—Register 88 130 Register of declarations, control orders and corresponding orders 88 131 Information to be kept on register 89 132 Public access to certain entries on register 91 Division 4—Reporting 91 133 Annual report 91 Division 5—Other matters 94 134 Information sharing 94 135 Nature of proceedings under Act 96 136 Delegation 96 137 Review of Act 96 138 Regulations 97 PART 7—AMENDMENT OF OTHER ACTS 98 Division 1—Amendment of Supreme Court Act 1986 98 139 Restriction on appeals 98 Division 2—Amendment of Civil Procedure Act 2010 98 140 Application of Act 98 Division 3—Repeal of amending Part 98 141 Repeal of amending Part 98 __________________ SCHEDULE—Specified Offences 99 1 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 99 2 Control of Weapons Act 1990 99 3 Crimes Act 1958 99 4 Dangerous Goods Act 1985 100 -- 6 of 117 -- Section Page vii Authorised by the Chief Parliamentary Counsel 5 Drugs, Poisons and Controlled Substances Act 1981 100 6 Firearms Act 1996 100 7 Sex Work Act 1994 108 ═══════════════ ENDNOTES 110 -- 7 of 117 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 Criminal Organisations Control Act 2012 † No. 80 of 2012 [Assented to 18 December 2012] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to provide for the making of declarations and control orders for the purpose of preventing and disrupting the activities of organisations involved in serious criminal activity, and of their members, former members, prospective members and associates; and Victoria -- 8 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 2 Authorised by the Chief Parliamentary Counsel (b) to provide for the recognition and application of declarations and control orders made under corresponding laws; and (c) to make related amendments to other Acts. 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 November 2013, it comes into operation on that day. 3 Definitions (1) In this Act— applicable offence has the meaning given by section 4; appropriate place means— (a) in the case of an organisation that is an incorporated body or association— (i) the entrance to the registered office or principal place of business of that organisation; or (ii) if the organisation is a registered foreign company within the meaning of the Corporations Act—the address of the local agent of that company; s. 2 -- 9 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 3 Authorised by the Chief Parliamentary Counsel (b) in the case of an organisation that is an unincorporated body or association— the entrance to premises at which members of that organisation commonly associate for meetings or other activities of that organisation; Example An example of premises under paragraph (b) is a clubhouse. associate, in relation to— (a) a body corporate, has the meaning given by section 125; (b) an individual, includes an individual who is regularly in company with, or in communication with by any means (including by electronic communication) that individual; associate with means— (a) to be in company with; or (b) to communicate with by any means (including by electronic communication); carry on a business, in the case of an organisation that is a company or registered foreign company within the meaning of the Corporations Act, has the same meaning as it does under Division 3 of Part 1.2 of that Act; Chief Commissioner means the Chief Commissioner of Police appointed under Part I of the Police Regulation Act 1958; control order means an order made under section 43, as varied or renewed from time to time; s. 3 -- 10 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 4 Authorised by the Chief Parliamentary Counsel corresponding control order means an order made under a provision of a law of another jurisdiction that is prescribed under the regulations for the purposes of this definition; corresponding declaration means a declaration made under a provision of a law of another jurisdiction that is prescribed under the regulations for the purposes of this definition; corresponding order means a corresponding control order or corresponding declaration; Court means the Supreme Court; criminal history has the meaning given by section 5; criminal intelligence means any information, document or other thing relating to actual or suspected criminal activity in Victoria or elsewhere, the disclosure of which could reasonably be expected to— (a) prejudice a criminal investigation, including by revealing intelligence- gathering methodologies, investigative techniques or technologies, or covert practices; or (b) enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement; or (c) endanger a person's life or physical safety; criminal intelligence protection order has the meaning given by section 70(1); s. 3 -- 11 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 5 Authorised by the Chief Parliamentary Counsel criminal purpose means the purpose of engaging in, organising, facilitating or supporting serious criminal activity; declaration means a declaration made under section 19, as varied or renewed from time to time; declared individual means an individual to whom a declaration applies; declared organisation means an organisation to which a declaration applies; declared organisation member means a member, former member or prospective member of a declared organisation; honorary member, of an organisation, includes an individual who is a member but has not paid any membership fee to be a member of the organisation; incorporated association means an association incorporated under the Associations Incorporation Reform Act 2012; incorporated associations Registrar means the Registrar within the meaning of the Associations Incorporation Reform Act 2012; law enforcement officer means— (a) a member of Victoria Police; or (b) a person who is seconded to Victoria Police, including (but not limited to) a member of the police force or police service (however described) of another jurisdiction; lawyer means an Australian lawyer within the meaning of the Legal Profession Act 2004; s. 3 -- 12 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 6 Authorised by the Chief Parliamentary Counsel member, of an organisation, includes— (a) an individual who is a current member of the organisation because the individual— (i) has paid a membership fee to be a member of the organisation; or (ii) has been accepted as a member of the organisation through another process set by the organisation; or (b) an honorary member of the organisation; or (c) an individual who identifies himself or herself as belonging to the organisation, including an individual who displays the patches or insignia (if any) of the organisation; or (d) an individual whose conduct in relation to the organisation would reasonably lead another person to consider the individual to be a member of the organisation; or (e) an office holder of the organisation; member of Victoria Police means a member of the force within the meaning of the Police Regulation Act 1958; office holder, of an organisation, has the meaning given by section 6; organisation has the meaning given by section 7; property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; prospective member has the meaning given by section 8; s. 3 -- 13 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 7 Authorised by the Chief Parliamentary Counsel protected criminal intelligence means criminal intelligence that is the subject of a criminal intelligence protection order; Prothonotary means the Prothonotary of the Supreme Court; registered corresponding control order means a corresponding control order registered under section 101; registered corresponding declaration means a corresponding declaration registered under section 88; related organisation means an organisation the membership, former membership or prospective membership of which formed the basis on which the Court was satisfied under section 19(3)(b) in making a declaration that applies to an individual; related organisation member means a member, former member or prospective member of a related organisation; respondent has the meaning given by section 9; serious criminal activity means conduct that would, if the facts were found proved beyond reasonable doubt at a trial, constitute any one or more applicable offences and includes any such conduct that occurs before the commencement of Part 2; Victoria Police means the force within the meaning of the Police Regulation Act 1958. (2) A reference to an organisation that is an unincorporated body or association— (a) in a provision of this Act that creates an offence is to be read as a reference to each of the office holders of the organisation; s. 3 -- 14 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 8 Authorised by the Chief Parliamentary Counsel (b) in any other provision of this Act is to be read as a reference to one or more members of the organisation in their capacity as members. 4 Meaning of applicable offence (1) For the purposes of this Act, an applicable offence is an offence specified in subsection (2) that— (a) involves 2 or more offenders; and (b) involves substantial planning and organisation; and (c) forms part of systemic criminal activity; and (d) has a purpose of obtaining profit, gain, power or influence, or of sexual gratification where the victim is a child. (2) For the purposes of subsection (1) the following offences are specified— (a) an indictable offence that is punishable by at least 10 years imprisonment; (b) an offence against a provision specified in an item of the Schedule, being a provision of the Act specified in the heading to that item; Note See also section 10. (c) an offence under section 321, 321G or 321M of the Crimes Act 1958 in relation to an offence referred to in paragraph (a) or (b). s. 4 -- 15 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 9 Authorised by the Chief Parliamentary Counsel 5 Meaning of criminal history (1) For the purposes of this Act, criminal history means— (a) any conviction recorded by a court for an offence under a law of Victoria, the Commonwealth or another State or a Territory; and (b) any finding of guilt by a court for an offence under a law of Victoria, the Commonwealth or another State or a Territory, whether or not a conviction was recorded; and (c) any pending criminal charge for an offence under a law of Victoria, the Commonwealth or another State or a Territory. (2) For the purposes of this Act, criminal history includes a conviction that becomes spent under a law of another jurisdiction. (3) For the purposes of this Act, criminal history does not include a finding at a special hearing under section 17(1)(c) of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997. 6 Meaning of office holder (1) For the purposes of this Act, an office holder of an organisation is— (a) if the organisation is a company or a registered foreign company within the meaning of the Corporations Act— (i) an officer as defined under section 9 of that Act; (ii) an individual who is a local agent within the meaning of that Act; s. 5 -- 16 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 10 Authorised by the Chief Parliamentary Counsel (b) if the organisation is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012; (c) if the organisation is a body or association incorporated under a law of another State or a Territory—an individual who is a member of the board or committee or other group of persons (however described under that law) having management of that body or association; (d) if the organisation is an unincorporated body or association— (i) an individual holding the position of president, vice president, secretary or treasurer of the body or association; or (ii) an individual holding a position similar to a position referred to in subparagraph (i) (however described by the organisation or the rules or constituting documents of the organisation); or (iii) an individual in control of all or a substantial part of the activities of the organisation. (2) In addition, if an organisation appoints an individual to be in charge of an activity of the organisation or keep order at a meeting or gathering of the organisation, that individual is an office holder of the organisation for the purposes of this Act. Example An individual appointed as the sergeant at arms or a road captain by a motorcycle club would be an individual to whom subsection (2) applies. s. 6 -- 17 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 11 Authorised by the Chief Parliamentary Counsel 7 Meaning of organisation (1) For the purposes of this Act, an organisation is an incorporated body or association (including a company or registered foreign company within the meaning of the Corporations Act) or an unincorporated body or association (however structured), whether the body or association— (a) is based in Victoria or elsewhere; or (b) consists of persons who are or are not ordinarily resident in Victoria; or (c) is part of a larger organisation; or (d) is affiliated with another organisation. Example A chapter of a motorcycle club could be an organisation to which paragraph (c) or (d) applies. (2) To avoid doubt, for the purposes of this Act, an organisation can include individuals who are related to one another. 8 Meaning of prospective member (1) For the purposes of this Act, a prospective member of an organisation is an individual who has commenced but not completed the process of becoming a member of the organisation. (2) For the purposes of this Act, a prospective member of an organisation includes— (a) an individual who members of the organisation describe as a "prospect" or "nominee" of the organisation; (b) an individual nominated or sponsored by a member of the organisation for the purpose of that individual becoming a member of the organisation; s. 7 -- 18 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 12 Authorised by the Chief Parliamentary Counsel (c) an individual who wears— (i) some, or an incomplete version, of the organisation's patches or insignia; or (ii) a specific identifier in the place of some or all of the organisation's patches or insignia which identifies the individual as a prospective member; (d) an individual undertaking a period of probationary membership with the organisation. 9 Meaning of respondent (1) For the purposes of this Act, a respondent is— (a) subject to subsection (2), for an application for a declaration under section 14—the organisation or individual identified in the application; (b) subject to subsection (2), for an application for the revocation of a declaration under section 27— (i) if the applicant is the declared organisation to which or declared individual to whom the declaration applies—the Chief Commissioner; (ii) if the applicant is the Chief Commissioner—the declared organisation to which or declared individual to whom the declaration applies; (c) subject to subsection (2), for an application for the renewal of a declaration under section 33—the declared organisation to which or declared individual to whom the declaration applies; s. 9 -- 19 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 13 Authorised by the Chief Parliamentary Counsel (d) subject to subsection (2), for an application for a control order under section 38—the organisation or individual identified in the application; (e) subject to subsection (2), for an application for the variation or revocation of a control order or ancillary order under section 56— (i) if the applicant is the declared organisation to which or individual to whom the order applies—the Chief Commissioner; (ii) if the applicant is the Chief Commissioner—the declared organisation to which or individual to whom the order applies; (f) subject to subsection (2), for an application for the renewal of a control order under section 63—the declared organisation to which or individual to whom the control order applies; (g) subject to subsection (2), for an application for registration of a corresponding declaration under section 86—the organisation to which the declaration applies; (h) subject to subsection (2), for an application for cancellation of the registration of a registered corresponding declaration under section 97—the declared organisation; (i) for an application for registration of a corresponding control order under section 99—the individual to whom the order applies; (j) for an application for a variation of a registered corresponding control order under section 113—the individual to whom the order applies; s. 9 -- 20 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 14 Authorised by the Chief Parliamentary Counsel (k) for an application to cancel the registration of a registered corresponding control order under section 119—the individual to whom the order applies. (2) In the case of an application referred to in subsection (1) that is in relation to an organisation that is an unincorporated body or association, the respondent is the body's or association's president, secretary or other similar office holder. (3) The death, resignation or removal from office of an individual referred to in subsection (2) does not affect the continuity of the proceeding in the application referred to in that subsection and the proceeding may be continued against the body or association in the name of that individual's replacement. 10 Descriptions of offences in the Schedule In the Schedule, a description following a reference to a provision of an Act— (a) is provided for convenience of reference only; and (b) does not affect— (i) the operation of the provision or this Act; or (ii) the nature or elements of an offence against the provision; and (c) must be disregarded if it is inconsistent with the provision. s. 10 -- 21 of 117 -- Part 1—Preliminary Criminal Organisations Control Act 2012 No. 80 of 2012 15 Authorised by the Chief Parliamentary Counsel 11 Intention of Parliament that exercise of powers under this Act not diminish certain rights It is the intention of the Parliament that powers under this Act, so far as is possible consistently with the purposes of this Act, be exercised in a way that does not diminish the freedom of persons in Victoria to participate in lawful protest, advocacy, dissent or industrial action. 12 Extra-territorial operation It is the intention of the Parliament that the operation of this Act should, so far as is possible, include operation in relation to the following— (a) land situated outside Victoria, whether in or outside Australia; (b) things situated outside Victoria, whether in or outside Australia; (c) acts, transactions and matters done, entered into or occurring outside Victoria, whether in or outside Australia; (d) things, acts, transactions and matters, (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of the Commonwealth, another State, a Territory or a foreign country. 13 Crown to be bound This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. __________________ s. 11 -- 22 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 16 Authorised by the Chief Parliamentary Counsel PART 2—DECLARATIONS Division 1—Applications for declarations 14 Chief Commissioner may apply for declaration The Chief Commissioner may apply to the Court for a declaration that— (a) an organisation is a declared organisation; or (b) an individual is a declared individual. 15 Form and content of application (1) An application under section 14 must— (a) be in writing; and (b) identify the particular organisation or individual in respect of which or whom the declaration is sought; and (c) state the grounds on which the declaration is sought; and (d) set out the details of any previous application for a declaration in respect of the organisation or individual and the outcome of that application. (2) In the case of an application in respect of an organisation, the organisation may be identified in the application by— (a) if the organisation is a company or registered foreign company within the meaning of the Corporations Act, its ACN, ABN or ARBN; (b) if the organisation is an incorporated association, its name and the registration number assigned to it under the Associations Incorporation Reform Act 2012; s. 14 -- 23 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 17 Authorised by the Chief Parliamentary Counsel (c) if the organisation is another kind of incorporated body or association, its name and— (i) the registration number (if any) assigned to it under the law under which it is incorporated; or (ii) any other particulars that are sufficient to identify it; (d) if the organisation is an unincorporated body or association— (i) the name by which it is commonly known; or (ii) any other particulars that are sufficient to identify it. (3) An application must be accompanied by at least one affidavit which addresses the grounds on which the declaration is sought. Note See section 19 for the grounds for making a declaration. (4) An application must be served on the respondent as soon as practicable after the application is made. Note For service, see Division 2 of Part 6. 16 Notice of application in respect of an organisation (1) The Chief Commissioner must cause notice of an application under section 14 for a declaration in respect of an organisation to be published in accordance with this section. (2) The notice of the application must be published in a newspaper circulating generally throughout the State as soon as practicable after the application is made but no later than 7 days after that making. s. 16 -- 24 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 18 Authorised by the Chief Parliamentary Counsel (3) The notice of the application must state— (a) the name of the organisation; and (b) the grounds on which the declaration is sought; and (c) that— (i) a member of the organisation; or (ii) another person whose interests may be affected by the determination of the application, with the leave of the Court— may object to the application; and (d) that if a declaration is made in respect of the organisation, the Chief Commissioner may apply for a control order under Part 3 against— (i) the organisation; or (ii) any declared organisation member. 17 Objection to application for declaration (1) Any of the following persons may object to an application under section 14— (a) the respondent named in the application; (b) if the application is for a declaration in respect of an organisation— (i) a member of the organisation; (ii) with the leave of the Court, another person whose interests may be affected by the determination of the application. (2) An objection must be made within 60 days after— (a) if the respondent is an organisation—notice of the application is published in accordance with section 16; s. 17 -- 25 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 19 Authorised by the Chief Parliamentary Counsel (b) if the respondent is an individual—the application is served on the individual in accordance with section 15(2). (3) An objection must— (a) state the grounds for the objection; and (b) be accompanied by at least one affidavit which addresses those grounds; and (c) be served on the Chief Commissioner as soon as practicable after the objection is made but no later than 7 days after that making. Note For service, see Division 2 of Part 6. 18 Court may extend or abridge the time within which an objection may be made (1) The Court, by order, may extend or abridge the time within which an objection may be made under section 17. (2) The Court may extend time under subsection (1) before or after the time expires. (3) More than one extension of time may be granted under subsection (1). Division 2—Determination of applications 19 Court may make declaration (1) The Court, on an application under section 14, may make a declaration— (a) in the case of an organisation the subject of the application—that the organisation is a declared organisation; (b) in the case of an individual the subject of the application—that the individual is a declared individual. s. 18 -- 26 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 20 Authorised by the Chief Parliamentary Counsel (2) The Court may make a declaration under subsection (1)(a) if the Court is satisfied that— (a) either— (i) the organisation— (A) has engaged in, organised, facilitated or supported serious criminal activity; or (B) is engaging in, organising, facilitating or supporting serious criminal activity; or (ii) any 2 or more members, former members or prospective members of the organisation have used or are using— (A) the organisation; or (B) their relationship with that organisation or with that organisation's members, former members or prospective members— for a criminal purpose; and (b) the activities of the organisation pose a serious threat to public safety and order. (3) The Court may make a declaration under subsection (1)(b) if the Court is satisfied that— (a) the individual is a member, former member or prospective member of an organisation; and (b) that individual and at least one other member, former member or prospective member of that organisation have used or are using— (i) that organisation; or s. 19 -- 27 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 21 Authorised by the Chief Parliamentary Counsel (ii) their relationship with that organisation or with that organisation's members— for a criminal purpose; and (c) the activities of that individual and the member, former member or prospective member pose a serious threat to public safety and order. (4) The Court may decide that it is satisfied as required by subsection (2) or (3) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify the making of a declaration. (5) For the purposes of subsections (2)(a)(ii) and (3)(b), 2 or more members, former members or prospective members are using or have used an organisation or their relationship with the organisation for a criminal purpose if they are or were— (a) associating for that purpose on land owned or occupied by the organisation; or (b) associating for that purpose at premises (other than premises on land referred to in paragraph (a)) at which members commonly associate for meetings or other activities of the organisation; or (c) using property owned or possessed by the organisation for that purpose; or (d) in the case of an organisation that is an unincorporated body or association, using property made available by any person for use by any member of the organisation in their capacity as a member for that purpose; or (e) associating at a meeting or event of the organisation for that purpose; or s. 19 -- 28 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 22 Authorised by the Chief Parliamentary Counsel (f) associating for that purpose while— (i) wearing any of the organisation's patches or insignia; or (ii) identifying themselves as members, former members or prospective members of the organisation; (g) using, for that purpose, information, contacts or access to persons or other opportunities which are or were available to them because of their membership of the organisation. (6) Subsection (5) does not limit what may constitute using an organisation or a relationship with an organisation for a criminal purpose for the purposes of subsections (2)(a)(ii) and (3)(b). 20 Criminal history of members, former members and prospective members of certain organisations In determining whether to make a declaration, the Court may have regard to the criminal history of— (a) in the case of an application for a declaration that an organisation is a declared organisation—a member, former member or prospective member of the organisation; (b) in the case of an application for a declaration that an individual is a declared individual— (i) that individual; and (ii) any member, former member or prospective member of an organisation the use of which, or relationship with which, is being considered by the Court for the purposes of section 19(3). s. 20 -- 29 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 23 Authorised by the Chief Parliamentary Counsel 21 Standard of proof that applies to applications (1) A question of fact to be decided by the Court for the purpose of being satisfied as required by section 19(2)(a) or (3)(a) and (b) is to be decided beyond reasonable doubt. (2) A question of fact to be decided by the Court in respect of any other aspect of an application under section 14 is to be decided on the balance of probabilities. 22 Form of declaration A declaration must specify— (a) the organisation to which or individual to whom it applies; and (b) the day on which it is made. 23 When a declaration takes effect A declaration takes effect on the day it is made. 24 Duration of declaration (1) A declaration remains in effect for 3 years after it takes effect unless it is sooner revoked under section 29. (2) A declaration does not have effect for any period during which its operation is stayed by the Court. (3) A period during which a declaration does not have effect because it is stayed by the Court does not count for the purposes of the period of effect specified under subsection (1). 25 Service of declaration (1) The Chief Commissioner must cause a copy of a declaration to be served on— (a) the organisation to which or individual to whom the declaration applies; and s. 21 -- 30 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 24 Authorised by the Chief Parliamentary Counsel (b) in the case of a declaration which applies to an organisation—every person who objected under section 17 to the application for the declaration. (2) A copy of the declaration must be served under subsection (1) as soon as practicable after the declaration is made but no later than 7 days after that making. Note For service, see Division 2 of Part 6. 26 Notice of making of declaration in respect of an organisation (1) The Chief Commissioner must cause notice of a declaration which applies to an organisation to be— (a) published— (i) in the Government Gazette; and (ii) in a newspaper circulating generally throughout the State; and (b) affixed to or near an appropriate place. (2) The notice must be published and affixed as soon as practicable after the declaration is made but no later than 7 days after that making. (3) The notice must state— (a) that a declaration has been made under this Act; and (b) the organisation to which the declaration applies; and (c) the day on which the declaration took effect and period the declaration is in effect; and s. 26 -- 31 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 25 Authorised by the Chief Parliamentary Counsel (d) that the Court's determination to make the declaration may be appealed; and Note An appeal lies from the Trial Division of the Supreme Court to the Court of Appeal: see sections 10, 17 and 17A of the Supreme Court Act 1986. (e) that the Chief Commissioner, while the declaration is in effect, may apply for the making of a control order that applies to an organisation to which the declaration applies, and any member, former member or prospective member of the organisation. (4) The notice of the declaration that is to be affixed to or near an appropriate place must be in the prescribed form. Division 3—Revocation of declarations 27 Application for revocation of declaration (1) The Chief Commissioner may apply to the Court for the revocation of a declaration. (2) A declared organisation or a declared individual may, with the leave of the Court, apply for the revocation of the declaration that applies to the organisation or individual (as the case may be). (3) The Court may grant leave to apply under subsection (2) if the Court is satisfied that there has been a substantial change in circumstances since the declaration that applies to the organisation or individual was made. 28 Form and content of application (1) An application under section 27 must— (a) be in writing; and (b) state the grounds on which the revocation of the declaration is sought. s. 27 -- 32 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 26 Authorised by the Chief Parliamentary Counsel (2) An application must be accompanied by at least one affidavit which addresses the grounds on which revocation of the declaration is sought. (3) An application must be served as soon as practicable after the application is made on the respondent. Note For service, see Division 2 of Part 6. 29 Determination of application for revocation of declaration (1) The Court, on an application under section 27, may revoke the declaration the subject of the application. (2) The Court may revoke the declaration if the Court is satisfied that the matters in section 19(2) or (3) are no longer satisfied. 30 When revocation of declaration takes effect If the Court revokes a declaration under section 29, the revocation takes effect immediately. 31 Service of order revoking declaration (1) The Chief Commissioner must cause a copy of an order of the Court revoking a declaration to be served on the organisation to which or the individual to whom the declaration applied. (2) An order of the Court revoking a declaration must be served under subsection (1) as soon as practicable after the order is made but no later than 7 days after that making. Note For service, see Division 2 of Part 6. s. 29 -- 33 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 27 Authorised by the Chief Parliamentary Counsel 32 Notice of revocation of declaration in respect of an organisation (1) The Chief Commissioner must cause notice of an order of the Court revoking a declaration which applied to an organisation to be— (a) published— (i) in the Government Gazette; and (ii) in a newspaper circulating generally throughout the State; and (b) affixed to or near an appropriate place. (2) The notice must be published and affixed as soon as practicable after the order was made but no later than 7 days after it was made. (3) The notice must state— (a) that a declaration has been revoked; and (b) the organisation to which the declaration applied; and (c) the day on which the revocation took effect; and (d) that the Court's determination to revoke the declaration may be appealed. Note An appeal lies from the Trial Division of the Supreme Court to the Court of Appeal: see sections 10, 17 and 17A of the Supreme Court Act 1986. (4) The notice that is to be affixed to or near an appropriate place must be in the prescribed form. s. 32 -- 34 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 28 Authorised by the Chief Parliamentary Counsel Division 4—Renewal of declarations 33 Application for renewal of declaration (1) The Chief Commissioner may apply to the Court for the renewal of a declaration. (2) An application must be made before the declaration ceases to have effect. 34 Determination of application for renewal of declaration (1) The Court, on an application under section 33, may renew the declaration the subject of the application. (2) The Court may renew the declaration even if the declaration ceases to have effect before the Court makes its determination on the application. 35 Applicable procedure for renewal of declarations (1) Subject to this Division, Divisions 1 and 2 apply to an application for the renewal of a declaration, and the determination of the application by the Court, in the same way that they apply to an application for a declaration and the determination by the Court of such an application. (2) For the purposes of subsection (1), a reference in Divisions 1 and 2 to— (a) an application for the making of a declaration is to be read as a reference to an application for the renewal of a declaration; (b) the making of a declaration is to be read as a reference to a renewal of a declaration; (c) a declaration is to be read as a reference to a declaration renewed under section 34. s. 33 -- 35 of 117 -- Part 2—Declarations Criminal Organisations Control Act 2012 No. 80 of 2012 29 Authorised by the Chief Parliamentary Counsel 36 When a renewed declaration takes effect A declaration renewed under section 34 takes effect— (a) if it is renewed before it ceases to have effect—on the day after the day it would have ceased to have effect if it were not renewed; or (b) if it is not renewed before it ceases to have effect—on the day the Court determines to renew it. 37 Declarations may be renewed more than once A declaration may be renewed more than once. __________________ s. 36 -- 36 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 30 Authorised by the Chief Parliamentary Counsel PART 3—CONTROL ORDERS Division 1—Applications for control orders 38 Chief Commissioner may apply for control order (1) The Chief Commissioner may apply to the Court for a control order in respect of an individual or organisation. (2) An application under subsection (1) may be made at the same time as or after an application for a declaration under section 14 is made in respect of the individual or organisation. 39 Form and content of application (1) An application under section 38 must— (a) be in writing; and (b) identify the particular organisation or individual in respect of which or whom the control order is sought; and (c) state the grounds on which the control order is sought; and (d) state the conditions that are sought to be imposed under the control order; and (e) set out the details of any previous application for a control order in respect of the organisation or individual and the outcome of that application. (2) In the case of an application in respect of an organisation, the organisation may be identified in the application by— (a) if the organisation is a company or registered foreign company within the meaning of the Corporations Act, its ACN, ABN or ARBN; s. 38 -- 37 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 31 Authorised by the Chief Parliamentary Counsel (b) if the organisation is an incorporated association, its name and the registration number assigned to it under the Associations Incorporation Reform Act 2012; (c) if the organisation is another kind of incorporated body or association, its name and— (i) the registration number (if any) assigned to it under the law under which it is incorporated; or (ii) any other particulars that are sufficient to identify it; (d) if the organisation is an unincorporated body or association— (i) the name by which it is commonly known; or (ii) any other particulars that are sufficient to identify it. (3) An application must be accompanied by at least one affidavit which addresses the grounds on which the control order is sought. Note See section 43 for the grounds for making a control order. (4) An application must be served on the respondent as soon as practicable after the application is made. Note For service, see Division 2 of Part 6. 40 Notice of application in respect of an organisation (1) The Chief Commissioner must cause notice of an application under section 38 for a control order in respect of an organisation to be published in accordance with this section. s. 40 -- 38 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 32 Authorised by the Chief Parliamentary Counsel (2) The notice of the application must be published in a newspaper circulating generally throughout the State as soon as practicable after the application is made but no later than 7 days after that making. (3) The notice of the application must state— (a) the name of the organisation; and (b) the grounds on which the control order is sought; and (c) the conditions that are sought to be imposed under the control order; and (d) that— (i) a member of the organisation; or (ii) another person whose interests may be affected by the determination of the application, with the leave of the Court— may object to the application. 41 Objection to application for control order (1) Any of the following persons may object to an application under section 38— (a) the respondent named in the application; (b) if the application is for a control order in respect of an organisation— (i) a member of the organisation; (ii) with the leave of the Court, a person whose interests may be affected by the determination of the application. (2) An objection must be made within 60 days after— (a) if the respondent is an organisation—notice of the application is published in accordance with section 40; s. 41 -- 39 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 33 Authorised by the Chief Parliamentary Counsel (b) if the respondent is an individual—the application is served on the individual in accordance with section 39(4). (3) An objection must— (a) state the grounds for the objection; and (b) be accompanied by at least one affidavit which addresses those grounds; and (c) be served on the Chief Commissioner as soon as practicable after the objection is made but no later than 7 days after that making. Note For service, see Division 2 of Part 6. 42 Court may extend or abridge the time within which an objection may be made (1) The Court, by order, may extend or abridge the time within which an objection may be made under section 41. (2) The Court may extend time under subsection (1) before or after the time expires. (3) More than one extension of time may be granted under subsection (1). Division 2—Determination of applications 43 Court may make control order (1) The Court may make a control order that applies to an organisation if the Court is satisfied that— (a) the organisation is a declared organisation; and (b) the making of the control order is likely to contribute to the purpose of preventing or disrupting serious criminal activity by— s. 42 -- 40 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 34 Authorised by the Chief Parliamentary Counsel (i) the organisation; or (ii) any members, former members or prospective members of the organisation. (2) The Court may make a control order that applies to an individual if the Court is satisfied that— (a) the individual is— (i) a declared individual; or (ii) a declared organisation member; and (b) the making of the control order is likely to contribute to the purpose of preventing or disrupting— (i) serious criminal activity by the declared individual or declared organisation member; or (ii) serious criminal activity by any other person that is being or may be facilitated by the declared individual or declared organisation member. (3) For the purposes of subsection (1) or (2), the Court may be satisfied that the making of a control order is likely to contribute to the purpose of preventing or disrupting serious criminal activity without having to determine which particular applicable offence or offences would be prevented or disrupted. (4) The Court may decide that it is satisfied as required by subsection (1) or (2) only if it is satisfied by acceptable, cogent evidence that is of sufficient weight to justify the making of a control order. s. 43 -- 41 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 35 Authorised by the Chief Parliamentary Counsel 44 Criminal history of current and former members and prospective members of certain organisations In determining whether to make a control order the Court may have regard to the criminal history of— (a) in the case of an application for a control order that applies to a declared organisation—a member, former member or prospective member of the organisation; (b) in the case of an application for a control order that applies to an individual— (i) that individual; and (ii) any member, former member or prospective member of a declared organisation or related organisation of which that individual is a member, former member or prospective member. 45 Content of control orders—declared organisations (1) In making a control order that applies to a declared organisation, the Court may impose the conditions the Court considers appropriate. (2) Without limiting subsection (1), a control order may include conditions that do any one or more of the following— (a) prohibit the declared organisation from continuing to operate, carry on a business or take on new members; (b) prohibit members, former members or prospective members of the declared organisation from participating in the activities of the organisation; (c) require the declared organisation to exclude certain members, former members or prospective members of the organisation s. 44 -- 42 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 36 Authorised by the Chief Parliamentary Counsel from participating in the activities of the organisation; (d) prohibit members, former members or prospective members of the declared organisation from wearing or displaying the patches or insignia of the organisation; (e) prohibit the declared organisation from carrying out an activity specified in the condition; (f) restrict the declared organisation from carrying out an activity specified in the condition in a specified way; (g) prohibit the declared organisation from using specified property it owns, possesses, uses or occupies for specified activities (whether that property is located in Victoria or elsewhere); (h) restrict, as specified in the condition, the use and possession by the declared organisation of property it owns possesses, uses or occupies (whether that property is located in Victoria or elsewhere). (3) In the case of a control order that applies to a declared organisation that is an unincorporated body or association, the conditions that are included in the control order may be directed at one or more members of the organisation as the Court considers appropriate. (4) For the purposes of this section, carrying out of an activity does not include being or becoming a party to a proceeding (including an appeal). s. 45 -- 43 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 37 Authorised by the Chief Parliamentary Counsel 46 Winding up of incorporated associations that are prohibited from operating under a control order (1) If the Court, in making a control order for a declared organisation that is an incorporated association, includes a condition prohibiting the organisation from continuing to operate, the Court may order the winding up of that organisation. (2) The Chief Commissioner must cause a copy of the order for the winding up of the association to be served on the incorporated associations Registrar as soon as practicable after the making of the order. 47 Content of control orders—individuals (1) In making a control order that applies to an individual, the Court may impose the conditions the Court considers appropriate. (2) Without limiting subsection (1), a control order that applies to an individual who is a declared organisation member may include conditions that do any one or more of the following— (a) prohibit the individual from associating with another declared organisation member or an associate of another declared organisation member; (b) restrict, as specified in the condition, the individual from associating with another declared organisation member or an associate of another declared organisation member; (c) prohibit the individual from continuing to be a member of a declared organisation; (d) prohibit the individual from participating in the activities of a declared organisation; s. 46 -- 44 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 38 Authorised by the Chief Parliamentary Counsel (e) restrict the nature of the individual's membership of a declared organisation or participation in the activities of a declared organisation; Example A condition may prohibit a member from wearing or displaying the patches or insignia of the declared organisation. (f) prohibit the individual from using or possessing property which a declared organisation owns, possesses, occupies or uses; (g) restrict, as specified in the condition, the individual's use or possession of property which a declared organisation owns, possesses, occupies or uses; (h) if the individual is a member of a declared organisation that is an unincorporated body or association— (i) prohibit the individual from using property made available by any person for use by any member of the organisation in their capacity as a member; or (ii) restrict, as specified in the condition, the individual's use of property made available by any person for use by any member of the organisation in their capacity as a member. (3) Without limiting subsection (1), a control order that applies to a declared individual may include conditions that do any one or more of the following— (a) prohibit the individual from associating with a related organisation member or an associate of a related organisation member; s. 47 -- 45 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 39 Authorised by the Chief Parliamentary Counsel (b) restrict, as specified in the condition, the individual from associating with a related organisation member or an associate of a related organisation member; (c) prohibit the individual from continuing to be a member of a related organisation; (d) prohibit the individual from participating in the activities of a related organisation; (e) restrict the nature of the individual's membership of a related organisation or participation in the activities of a related organisation; Example A condition may prohibit a member from wearing or displaying the patches or insignia of the related organisation. (f) prohibit the individual from using or possessing property which a related organisation owns, possesses, occupies or uses; (g) restrict, as specified in the condition, the individual's use or possession of property which a related organisation owns, possesses, occupies or uses; (h) if the individual is a member of a related organisation that is an unincorporated body or association— (i) prohibit the individual from using property made available by any person for use by any member of the organisation in their capacity as a member; or (ii) restrict, as specified in the condition, the individual's use of property made available by any person for use by any s. 47 -- 46 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 40 Authorised by the Chief Parliamentary Counsel member of the organisation in their capacity as a member. 48 Ancillary orders On making a control order, the Court may make any ancillary order it considers appropriate to enable the order to be given effect. 49 Conditions restricting association with others Before making a control order with a condition of the kind specified under section 47(2)(a) or (b) or (3)(a) or (b) the Court must allow the individual to whom the control order will apply to make submissions in respect of the condition to be imposed. 50 Court must specify when control order takes effect (1) The Court must specify the day on which a control order takes effect. (2) The day specified by the Court must be a day that is within 6 months after the day on which the Court makes the control order. 51 Standard of proof that applies to applications A question of fact to be decided by the Court in respect of an application for a control order is to be decided on the balance of probabilities. 52 Form of control order A control order must specify— (a) the organisation to which or individual to whom the order applies; and (b) in the case of an individual—the declared organisation or related organisation of which the individual is a member, former member or prospective member; and (c) the grounds on which the order was made; and s. 48 -- 47 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 41 Authorised by the Chief Parliamentary Counsel (d) the conditions imposed under the order; and (e) the terms of any ancillary orders made by the Court to give effect to the control order; and (f) the day on which the order is made; and (g) the day on which the order takes effect. 53 Duration of control order (1) A control order remains in effect for 3 years after it takes effect unless— (a) the control order is revoked; or (b) in the case of a control order that applies to a declared organisation or declared individual—the declaration that applies to that organisation or individual is revoked or ceases to have effect; or (c) in the case of a control order that applies to an individual who is a declared organisation member—the declaration that applies to the declared organisation of which that individual is a member, former member or prospective member is revoked or ceases to have effect. (2) A control order does not have effect for any period during which— (a) the operation of the control order is stayed by the Court; or (b) in the case of a control order that applies to a declared organisation or declared individual—the operation of the declaration (the related declaration) that applies to that organisation or individual is stayed by the Court; or (c) in the case of control order that applies to an individual who is a declared organisation member—the operation of the declaration s. 53 -- 48 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 42 Authorised by the Chief Parliamentary Counsel (the related declaration) that applies to the declared organisation of which that individual is a member, former member or prospective member is stayed by the Court. (3) A period during which a control order does not have effect because it, or the related declaration, is stayed does not count for the purposes of the period of effect specified under subsection (1). 54 Service of control order (1) The Chief Commissioner must cause a copy of a control order to be served on— (a) the declared organisation to which or individual to whom the control order applies; and (b) in the case of a control order that applies to a declared organisation—every person who objected under section 41 to the application for the control order. (2) A control order must be served under subsection (1) as soon as practicable after the control order is made but no later than 7 days after that making. Note For service, see Division 2 of Part 6. 55 Notice of making of control order that applies to a declared organisation (1) The Chief Commissioner must cause notice of the making of a control order which applies to a declared organisation to be published— (a) in the Government Gazette; and (b) in a newspaper circulating generally throughout the State. s. 54 -- 49 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 43 Authorised by the Chief Parliamentary Counsel (2) The notice must be published as soon as practicable after the control order is made but no later than 7 days after that making. (3) The notice must state— (a) that a control order has been made under this Act; and (b) the declared organisation to which the control order applies; and (c) the day on which the control order was made; and (d) the day on which the control order takes effect; and (e) that the control order has effect for 3 years unless it is sooner revoked or the declaration that applies to the declared organisation ceases to have effect; and (f) the conditions imposed under the control order; and (g) the terms of any ancillary orders made by the Court to give effect to the control order; and (h) if applicable, the terms of any order ordering the winding up of the organisation; and Note See section 46. (i) that it is an offence to contravene the control order; and Note See section 68. s. 55 -- 50 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 44 Authorised by the Chief Parliamentary Counsel (j) that the Court's determination to make the control order may be appealed. Note An appeal lies from the Trial Division of the Supreme Court to the Court of Appeal: see sections 10, 17 and 17A of the Supreme Court Act 1986. Division 3—Variation or revocation of control orders and ancillary orders 56 Application for variation or revocation of control order or ancillary order (1) The Chief Commissioner may apply to the Court for the variation or revocation of a control order or ancillary order. (2) A declared organisation to which or an individual to whom a control order or ancillary order applies may, with the leave of the Court, apply for the variation or revocation of the control order or ancillary order (as the case may be). (3) The Court may grant leave to apply under subsection (2) if the Court is satisfied that there has been a substantial change in circumstances since the control order or ancillary order that applies to the declared organisation or individual was made. 57 Form and content of application (1) An application under section 56 must— (a) be in writing; and (b) state the grounds on which the variation or revocation of the control order or an ancillary order is sought. (2) An application must be accompanied by at least one affidavit which addresses the grounds on which the variation or revocation of the control order or ancillary order is sought. s. 56 -- 51 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 45 Authorised by the Chief Parliamentary Counsel (3) An application must be served on the following persons as soon as practicable after the application is made on the respondent. Note For service, see Division 2 of Part 6. 58 Determination of application for variation or revocation of control order or ancillary order (1) The Court, on an application under section 56, may vary or revoke the control order or ancillary order that is the subject of the application. (2) The Court may vary the control order or ancillary order if the Court considers there has been a substantial change in circumstances since the order was made. (3) The Court may revoke the control order if the Court is satisfied that the matters in section 43(1) or (2) that satisfied the Court in making the control order are no longer satisfied. (4) The Court may revoke the ancillary order if the Court is satisfied that the basis on which the order was made no longer exists. 59 Court must specify when variation or revocation of control order or ancillary order takes effect (1) The Court must specify the day on which— (a) a control order or an ancillary order, as varied, takes effect; (b) the revocation of a control order or an ancillary order takes effect. (2) The day specified by the Court must be a day that is within 6 months after the day on which the Court varies or revokes the control order or ancillary order (as the case may be). s. 58 -- 52 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 46 Authorised by the Chief Parliamentary Counsel 60 Service of varied control order or ancillary order (1) The Chief Commissioner must cause a copy of a control order or ancillary order varied under section 58 to be served on the declared organisation to which or the individual to whom the control order or ancillary order applies. (2) A copy of a control order or ancillary order varied under section 58 must be served under subsection (1) as soon as practicable after the order is varied but no later than 7 days after the variation. Note For service, see Division 2 of Part 6. 61 Service of order revoking control order or ancillary order (1) The Chief Commissioner must cause a copy of an order of the Court revoking a control order or ancillary order to be served on the declared organisation or individual to whom it applied. (2) An order of the Court revoking a control order or ancillary order must be served under subsection (1) as soon as practicable after the order is made but no later than 7 days after that making. Note For service, see Division 2 of Part 6. 62 Notice of variation or revocation of control order or ancillary order applying to an organisation (1) The Chief Commissioner must cause notice of an order of the Court varying a control order or ancillary order which applies to a declared organisation, or revoking a control order or ancillary order which applied to a declared organisation, to be— s. 60 -- 53 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 47 Authorised by the Chief Parliamentary Counsel (a) published— (i) in the Government Gazette; and (ii) in a newspaper circulating generally throughout the State; and (b) affixed to or near an appropriate place. (2) The notice must be published and affixed as soon as practicable after the order was made but no later than 7 days after it was made. (3) The notice must state— (a) that the control order or ancillary order has been varied or revoked, as the case may be; and (b) the declared organisation to which the control order or ancillary order applies or applied; and (c) the day on which the control order or ancillary order was varied or revoked; and (d) if the control order was varied, when the order, as varied, takes effect; and (e) that the Court's determination to vary or revoke the control order or ancillary order may be appealed. Note An appeal lies from the Trial Division of the Supreme Court to the Court of Appeal: see sections 10, 17 and 17A of the Supreme Court Act 1986. (4) The notice that is to be affixed to or near an appropriate place must be in the prescribed form. s. 62 -- 54 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 48 Authorised by the Chief Parliamentary Counsel Division 4—Renewal of control orders 63 Application for renewal of control orders (1) The Chief Commissioner may apply to the Court for the renewal of a control order. (2) An application must be made before the control order ceases to have effect. 64 Determination of application for renewal of control order (1) The Court, on an application under section 63, may renew the control order the subject of the application. (2) The Court may renew the control order even if the control order ceases to have effect before the Court makes its determination on the application. 65 Applicable procedure for renewal of control order (1) Subject to this Division, Divisions 1 and 2 apply to an application for the renewal of a control order, and the determination of the application by the Court, in the same way that they apply to an application for a control order and the determination by the Court of such an application. (2) For the purposes of subsection (1), a reference in Divisions 1 and 2 to— (a) an application for the making of a control order is to be read as a reference to an application for the renewal of a control order; (b) the making of a control order is to be read as a reference to a renewal of a control order; (c) a control order is to be read as a reference to a control order renewed under section 64. s. 63 -- 55 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 49 Authorised by the Chief Parliamentary Counsel 66 When a renewed control order takes effect A control order renewed under section 64 takes effect— (a) if it is renewed before it ceases to have effect—on the day after the day it would have ceased to have effect if it were not renewed; (b) if it is not renewed before it ceases to have effect—on the day the Court specifies in the order of the Court renewing the control order. 67 Control orders may be renewed more than once A control order 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 (1) An individual or organisation that knows or is reckless as to the fact that a control order is in effect that applies to the individual or organisation must not contravene that control order. Penalty: In the case of an individual, 600 penalty units or imprisonment for 5 years or both; In case of a body corporate, 3000 penalty units. (2) An offence against subsection (1) is an indictable offence. (3) For the purposes of subsection (1), service of a copy of a control order that applies to the individual or organisation is proof, in the absence of evidence to the contrary, that the individual or organisation knows that a control order that s. 66 -- 56 of 117 -- Part 3—Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 50 Authorised by the Chief Parliamentary Counsel applies to that individual or organisation is in effect. (4) An individual who is prohibited under a condition of a control order from being a member of a declared organisation does not contravene that condition for the purposes of subsection (1) if— (a) the individual presents or points to evidence that suggests a reasonable possibility that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after he or she knew that the order was in effect; and (b) the contrary is not proved (beyond reasonable doubt) by the prosecution. (5) In proceedings for an offence against subsection (1) for a contravention by an individual (the accused) of a condition of a control order that prohibits the individual from associating with other individuals, it is not necessary for the prosecution to prove that the accused associated with another person for any particular purpose or that the association would have led to the commission of any offence. (6) In this section, control order includes any ancillary order. __________________ s. 68 -- 57 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 51 Authorised by the Chief Parliamentary Counsel PART 4—PROTECTION OF CRIMINAL INTELLIGENCE Division 1—Preliminary 69 Definitions In this Part— protection application means an application under section 70 for a criminal intelligence protection order; substantive application means— (a) an application for a declaration or a control order; or (b) an application for the revocation of a declaration or a control order; or (c) an application for the variation of a control order; or (d) an application for the registration of a corresponding control order referred to the Court under section 102; or (e) an application— (i) for the variation of a registered corresponding control order; or (ii) for the cancellation of the registration of a registered corresponding declaration or a registered corresponding control order. Division 2—Criminal intelligence protection orders 70 Application for criminal intelligence protection order (1) If the Chief Commissioner has made a substantive application, the Chief Commissioner may apply to the Court for an order (a criminal intelligence protection order) in relation to any information, s. 69 -- 58 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 52 Authorised by the Chief Parliamentary Counsel document or other thing related to that substantive application that the Chief Commissioner believes on reasonable grounds is criminal intelligence. Note Criminal intelligence is defined in section 3(1). An application for a criminal intelligence protection order is called a protection application—see section 69. (2) A protection application must— (a) be in writing; and (b) state the grounds on which the order is sought; and (c) be accompanied by an affidavit which addresses the grounds on which the order is sought. 71 Appointment and role of special counsel (1) If a protection application is made, the Court may appoint a special counsel to represent the interests of the respondent to the substantive application in relation to which the protection application was made at the hearing of the protection application. (2) A special counsel must be a barrister within the meaning of the Legal Profession Act 2004 who, in the opinion of the Court, has the appropriate skills and ability to represent the interests of the respondent at the hearing of the protection application. (3) At any time before the special counsel attends the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel may communicate with the respondent, or any representative of the respondent, for the purposes of obtaining information from the respondent or representative in relation to the protection application. s. 71 -- 59 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 53 Authorised by the Chief Parliamentary Counsel (4) At any time after the special counsel commences to attend the hearing or obtains any information or the original or a copy of any document or other thing that is the subject of the protection application, the special counsel— (a) may communicate to the respondent or a representative of the respondent any order made by the Court at or in relation to the hearing; and (b) must not communicate any other information in relation to the hearing to the respondent or a representative of the respondent, but may seek information from the respondent or representative that is necessary for the special counsel to represent the interests of the respondent. (5) The special counsel— (a) must not perform his or her role in a manner that compromises the confidentiality of all or any part of the information, document or other thing that is the subject of the protection application; and (b) does not incur any liability to the respondent in respect of anything done or omitted to be done by the special counsel in performing his or her role as special counsel. 72 Adjournment to allow special counsel to communicate with respondent (1) The Court may adjourn a proceeding on a protection application to allow a special counsel appointed under section 71 to communicate with the respondent or a representative of the respondent in accordance with section 71(3) or (4). (2) Subsection (1) does not limit any other power of the Court to adjourn a proceeding. s. 72 -- 60 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 54 Authorised by the Chief Parliamentary Counsel 73 Protection application to be heard in closed court unless Court orders otherwise (1) Unless the Court orders otherwise, a protection application must be heard in closed court. (2) The Court may make an order under subsection (1) if it considers it appropriate to do so. (3) If the protection application is heard in closed court, the only persons who may be present at the hearing are— (a) the Chief Commissioner or his or her delegate; (b) any lawyers representing the Chief Commissioner; (c) a special counsel appointed under section 71 in relation to the application; (d) any witnesses who may be called to give evidence; (e) the presiding judge and any court staff necessary for the hearing. (4) If the protection application is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house— (a) stating that the hearing is being held in closed court; and (b) stating who may be present at the hearing; and (c) stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing is being held. s. 73 -- 61 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 55 Authorised by the Chief Parliamentary Counsel (5) The Chief Commissioner may withdraw the protection application or the substantive application, or both, if the Court makes an order under subsection (1). (6) This section applies despite anything to the contrary in section 18 or 19 of the Supreme Court Act 1986. 74 Offence to enter closed court (1) A person not referred to in section 73(3) who knows or is reckless as to the fact that a hearing is being held in closed court under section 73 must not enter the place where the hearing is being held. Penalty: 600 penalty units or imprisonment for 5 years or both. (2) An offence against subsection (1) is an indictable offence. (3) If— (a) a person is charged with an offence against subsection (1); and (b) the prosecution proves that a notice was posted in accordance with section 73(4) at the time of the alleged offence— the person is presumed to have known, or to have been reckless as to the fact, that the hearing was being held in closed court unless the person presents or points to evidence that the person did not know and was not reckless as to that fact. (4) This section applies despite anything to the contrary in section 18 of the Supreme Court Act 1986. s. 74 -- 62 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 56 Authorised by the Chief Parliamentary Counsel 75 Determining protection application (1) After hearing a protection application, the Court may make a criminal intelligence protection order in respect of all or any part of the information, document or other thing to which the application relates if the Court is satisfied that— (a) the information, document, thing or part is criminal intelligence; and (b) the reasons for maintaining the confidentiality of the criminal intelligence outweigh any prejudice or unfairness to the respondent to the substantive application. (2) If the Court declines to make a criminal intelligence protection order in respect of all or any part of the information, document or other thing— (a) the Chief Commissioner is not obliged to adduce that information, document, other thing or part in evidence in the proceeding on the substantive application; and (b) the Chief Commissioner may withdraw the substantive application. (3) The Chief Commissioner may also withdraw the substantive application if the Court at any time during the proceeding on the substantive application makes an order for discovery of all or any part of the information, document or other thing that was the subject of the protection application, whether or not a criminal intelligence protection order was made. s. 75 -- 63 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 57 Authorised by the Chief Parliamentary Counsel 76 Admissibility of protected criminal intelligence To avoid doubt, the making of a criminal intelligence protection order is not determinative of the admissibility of the protected criminal intelligence in evidence in the proceeding on the substantive application. 77 Offence to publish report of hearing of protection application (1) Unless the Court orders otherwise, a person must not publish a report of a hearing of a protection application or any information derived from such a hearing. Penalty: In the case of an individual, 600 penalty units or imprisonment for 5 years or both; In the case of a body corporate, 3000 penalty units. (2) An offence against subsection (1) is an indictable offence. (3) The Court may make an order under subsection (1) if it considers it appropriate to do so. Division 3—How protected criminal intelligence is dealt with in substantive applications 78 Division applies to the relevant part of a substantive application (1) This Division applies to any part of a proceeding on a substantive application in which protected criminal intelligence is sought to be admitted, or is adduced, in evidence. Note Protected criminal intelligence is criminal intelligence that is the subject of a criminal intelligence protection order— see section 3(1). s. 76 -- 64 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 58 Authorised by the Chief Parliamentary Counsel (2) In this Division, the part of proceedings referred to in subsection (1) is called the relevant part. 79 Appointment and role of special counsel (1) The Court may appoint a special counsel to represent the interests of the respondent to the substantive application at the hearing of the relevant part. (2) A special counsel must be a barrister within the meaning of the Legal Profession Act 2004 who, in the opinion of the Court, has the appropriate skills and ability to represent the interests of the respondent at the hearing of the relevant part. (3) If a special counsel was appointed under section 71 to represent the interests of the respondent at the hearing of the protection application, the Court may appoint the same person or a different person as special counsel under this section. (4) At any time before the special counsel attends the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel may communicate with the respondent, or any representatives of the respondent, for the purposes of obtaining information from the respondent or representative in relation to the relevant part. (5) To avoid doubt, subsection (4) does not apply if the special counsel is the same person as the special counsel appointed under section 71 to represent the interests of the respondent at the hearing of the protection application. (6) If the special counsel is the same person as the special counsel appointed under section 71, the special counsel— s. 79 -- 65 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 59 Authorised by the Chief Parliamentary Counsel (a) may communicate to the respondent or a representative of the respondent any order made by the Court at or in relation to the hearing of the relevant part; and (b) must not communicate any other information in relation to the hearing of the relevant part to the respondent or a representative of the respondent, but may seek information from the respondent or representative that is necessary for the special counsel to represent the interests of the respondent. (7) If the special counsel is not the same person as the special counsel appointed under section 71, at any time after the special counsel commences to attend the hearing of the relevant part or obtains any of the protected criminal intelligence or any copy of any of the protected criminal intelligence, the special counsel— (a) may communicate to the respondent or a representative of the respondent any order made by the Court at or in relation to the hearing; and (b) must not communicate any other information in relation to the hearing to the respondent or a representative of the respondent, but may seek information from the respondent or representative that is necessary for the special counsel to represent the interests of the respondent. (8) The special counsel— (a) must not perform his or her role in a manner that compromises the confidentiality of all or any part of the protected criminal intelligence; and s. 79 -- 66 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 60 Authorised by the Chief Parliamentary Counsel (b) does not incur any liability to the respondent in respect of anything done or omitted to be done by the special counsel in performing his or her role as special counsel. (9) The Court may direct that the special counsel may be present as an observer at any hearing of the substantive application other than the hearing of the relevant part. Note The special counsel is entitled to be present at the hearing of the relevant part—see section 81(3)(c). 80 Adjournment to allow special counsel to communicate with respondent (1) The Court may adjourn a proceeding on a substantive application to allow a special counsel appointed under section 79 to communicate with the respondent or a representative of the respondent in accordance with section 79(4), (6) or (7) (as the case requires). (2) Subsection (1) does not limit any other power of the Court to adjourn a proceeding. 81 Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise (1) Unless the Court orders otherwise, the relevant part must be heard in closed court. (2) The Court may make an order under subsection (1) if it considers it appropriate to do so. (3) If the relevant part is heard in closed court, the only persons who may be present at the hearing of the relevant part are— (a) the Chief Commissioner or his or her delegate; (b) any lawyers representing the Chief Commissioner; s. 80 -- 67 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 61 Authorised by the Chief Parliamentary Counsel (c) a special counsel appointed under section 79 in relation to the relevant part; (d) any witnesses who may be called to give evidence; (e) the presiding judge and any court staff necessary for the hearing. (4) If the relevant part is heard in closed court, the Court must cause a notice to be posted on a door of the court house or in another conspicuous place where notices are usually posted at the court house— (a) stating that the hearing of the relevant part is being held in closed court; and (b) stating who may be present at the hearing of the relevant part; and (c) stating that it is an offence for anyone else to enter or attempt to enter the place where the hearing of the relevant part is being held. (5) If the Court makes an order under subsection (1)— (a) the Chief Commissioner is not obliged to adduce any protected criminal intelligence in evidence; and (b) the Chief Commissioner may withdraw the substantive application. Note The Chief Commissioner may also withdraw the substantive application if the Court makes an order for discovery of all or any part of the protected criminal intelligence—see section 75(3). (6) This section applies despite anything to the contrary in section 18 or 19 of the Supreme Court Act 1986. s. 81 -- 68 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 62 Authorised by the Chief Parliamentary Counsel 82 Offence to enter closed court (1) A person not referred to in section 81(3) who knows or is reckless as to the fact that a hearing is being held in closed court under section 81 must not enter the place where the hearing is being held. Penalty: 600 penalty units or imprisonment for 5 years or both. (2) An offence against subsection (1) is an indictable offence. (3) If— (a) a person is charged with an offence against subsection (1); and (b) the prosecution proves that a notice was posted in accordance with section 81(4) at the time of the alleged offence— the person is presumed to have known, or to have been reckless as to the fact, that the hearing was being held in closed court unless the person presents or points to evidence that the person did not know and was not reckless as to that fact. (4) This section applies despite anything to the contrary in section 18 of the Supreme Court Act 1986. 83 Offence to publish report of hearing of relevant part (1) Unless the Court orders otherwise, a person must not publish a report of a hearing of the relevant part or any information derived from such a hearing. Penalty: In the case of an individual, 600 penalty units or imprisonment for 5 years or both; In the case of a body corporate, 3000 penalty units. s. 82 -- 69 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 63 Authorised by the Chief Parliamentary Counsel (2) An offence against subsection (1) is an indictable offence. (3) The Court may make an order under subsection (1) if it considers it appropriate to do so. Division 4—General 84 Disclosure, receipt or solicitation of protected criminal intelligence (1) Subject to subsection (3), a person must not disclose, receive or solicit any information, document or other thing if the person knows or is reckless as to the fact that the information, document or other thing is protected criminal intelligence. Penalty: In the case of an individual, 600 penalty units or imprisonment for 5 years or both; In the case of a body corporate, 3000 penalty units. (2) An offence against subsection (1) is an indictable offence. (3) Subsection (1) does not apply— (a) to disclosure, receipt or solicitation of protected criminal intelligence that was in the public domain at the time of the disclosure, receipt or solicitation; or (b) to disclosure, receipt or solicitation of protected criminal intelligence by a law enforcement officer in the performance of his or her duty; or s. 84 -- 70 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 64 Authorised by the Chief Parliamentary Counsel (c) to disclosure of protected criminal intelligence by a person to a lawyer, or the receipt or solicitation of protected criminal intelligence by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or (d) to disclosure, receipt or solicitation of protected criminal intelligence that is published in accordance with an order of the Court under section 77(1) or 83(1); or (e) to disclosure, receipt or solicitation of protected criminal intelligence that is required, authorised or permitted by or under this Act. (4) A person does not commit an offence against subsection (1) if— (a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (3) existed at the time of the alleged commission of the offence; and (b) the contrary is not proved (beyond reasonable doubt) by the prosecution. 85 Disclosure, receipt or solicitation of other confidential material (1) This section applies to any information, document or other thing that was the subject of a protection application that was not granted by the Court. (2) Subject to subsection (4), a person must not disclose, receive or solicit any information, document or other thing to which this section applies if the person knows or is reckless as to the fact that the information, document or other thing is information or a document or other thing to which this section applies. s. 85 -- 71 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 65 Authorised by the Chief Parliamentary Counsel Penalty: In the case of an individual, 600 penalty units or imprisonment for 5 years or both; In the case of a body corporate, 3000 penalty units. (3) An offence against subsection (2) is an indictable offence. (4) Subsection (2) does not apply— (a) to disclosure, receipt or solicitation of any information, document or other thing that was in the public domain at the time of the disclosure, receipt or solicitation; or (b) to disclosure, receipt or solicitation of any information, document or other thing that has been adduced in evidence by or on behalf of the Chief Commissioner in relation to a substantive application; or (c) to disclosure, receipt or solicitation of any information, document or other thing by a law enforcement officer in the performance of his or her duty; or (d) to disclosure of any information, document or other thing by a person to a lawyer, or the receipt or solicitation of any information, document or other thing by a lawyer from a person, in the course of the person consulting the lawyer for legal advice; or (e) to disclosure, receipt or solicitation of any information, document or other thing that is published in accordance with an order of the Court under section 77(1); or (f) to disclosure, receipt or solicitation of any information, document or other thing that is required, authorised or permitted by or under this Act. s. 85 -- 72 of 117 -- Part 4—Protection of Criminal Intelligence Criminal Organisations Control Act 2012 No. 80 of 2012 66 Authorised by the Chief Parliamentary Counsel (5) A person does not commit an offence against subsection (2) if— (a) the person presents or points to evidence that suggests a reasonable possibility that a circumstance referred to in subsection (4) existed at the time of the alleged commission of the offence; and (b) the contrary is not proved (beyond reasonable doubt) by the prosecution. __________________ s. 85 -- 73 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 67 Authorised by the Chief Parliamentary Counsel 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 (1) The Chief Commissioner may apply to the Prothonotary for registration of a corresponding declaration. (2) An application for registration of a corresponding declaration does not need to be served on the respondent. 87 Form and content of application An application for registration of a corresponding declaration must— (a) be in writing; and (b) be accompanied by— (i) a copy of the declaration to be registered; and (ii) an affidavit that includes enough information to enable the Prothonotary to find that the declaration is a corresponding declaration that is in effect. Subdivision 2—Registration of corresponding declaration 88 Registration of corresponding declaration by Prothonotary (1) On an application under section 86, the Prothonotary must register the corresponding declaration if the Prothonotary is satisfied— s. 86 -- 74 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 68 Authorised by the Chief Parliamentary Counsel (a) that the declaration is in effect; and (b) if the law of the jurisdiction in which the declaration was made requires notice of the declaration to be published—that the requirement has been complied with; and (c) if the law of the jurisdiction in which the declaration was made requires that the declaration be served on any organisation, person or group of persons—that the requirement has been complied with or is taken to have been complied with. (2) The Prothonotary must not register a corresponding declaration unless the Prothonotary is satisfied of the matters set out in subsection (1). 89 Period of registration (1) On registering a corresponding declaration under this Division, the Prothonotary must specify the day on which the registration ceases to have effect. (2) The day specified in accordance with subsection (1) is to be— (a) the day on which the corresponding declaration would cease to have effect in the jurisdiction in which it was made if it were not sooner revoked; or (b) if, under the law of the jurisdiction in which the corresponding declaration was made, the corresponding declaration remains in effect for an indefinite period—the day that is 3 years after the day of registration in this State. (3) The registration of the corresponding declaration ceases to have effect on the day specified in accordance with subsection (1). s. 89 -- 75 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 69 Authorised by the Chief Parliamentary Counsel 90 Notice and copy to Chief Commissioner (1) The Prothonotary must give the Chief Commissioner notice of the registration of a corresponding declaration and a copy of the registered corresponding declaration. (2) The notice and copy must be given as soon as practicable after the corresponding declaration is registered but no later than 7 days after that registration. 91 Service of corresponding declaration (1) The Chief Commissioner must cause a copy of a registered corresponding declaration to be served on the respondent. (2) The copy must be served as soon as practicable after the Chief Commissioner receives a copy of the registered corresponding declaration but no later than 7 days after that receipt. Note For service, see Division 2 of Part 6. 92 Notice of registration of corresponding declaration (1) The Chief Commissioner must cause notice of the registration of a corresponding declaration to be published— (a) in the Government Gazette; and (b) in a newspaper circulating generally throughout the State. (2) The notice must be published as soon as practicable after the Chief Commissioner receives a copy of the registered corresponding declaration but no later than 7 days after that receipt. s. 90 -- 76 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 70 Authorised by the Chief Parliamentary Counsel (3) The notice must— (a) state that a corresponding declaration has been registered under this Act; and (b) state the organisation to which the registered corresponding declaration applies; and (c) state the day on which the registered corresponding declaration took effect and the period the declaration is in effect; and (d) state that the Chief Commissioner may apply for a control order under this Act in respect of an individual on the basis of the registered corresponding declaration. 93 Effect of failure to comply with sections 90 to 92 (1) A failure to comply with section 90, 91 or 92 does not affect the validity of the registration of the corresponding declaration. (2) However, the registered corresponding declaration has no effect on the respondent until sections 90, 91 and 92 are complied with. 94 Commencement of registered corresponding declaration A registered corresponding declaration comes into effect in this State on the later of— (a) the day on which a copy of the registered corresponding declaration is served on the respondent; and (b) the day on which the notice of the registration of the corresponding declaration is published in the Government Gazette. s. 93 -- 77 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 71 Authorised by the Chief Parliamentary Counsel 95 Duration of registered corresponding declaration (1) Subject to subsection (2), a registered corresponding declaration remains in effect in this State until one of the following occurs— (a) the registration of the corresponding declaration ceases to have effect in accordance with section 89; (b) the registration of the corresponding declaration is cancelled under section 97. (2) A registered corresponding declaration is not in effect in this State if it is not in effect in the jurisdiction in which it was made. 96 Effect of registration of corresponding declaration A registered corresponding declaration that is in effect under this Part operates in this State for the purposes of section 43(2) as if it were a declaration made under Part 2. Subdivision 3—Cancellation of registration 97 Cancellation of registration of corresponding declaration (1) The Chief Commissioner may apply, at any time, to the Prothonotary to cancel the registration of a registered corresponding declaration. (2) On receiving an application under subsection (1), the Prothonotary must— (a) cancel the registration of the corresponding declaration; and (b) give the Commissioner of Police written notice of that cancellation. s. 95 -- 78 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 72 Authorised by the Chief Parliamentary Counsel 98 Notice of cancellation (1) The Chief Commissioner must cause notice of the cancellation of registration of a corresponding declaration to be published— (a) in the Government Gazette; and (b) in a newspaper circulating generally throughout the State. (2) The notice must be published as soon as practicable after the Chief Commissioner receives notice of the cancellation but no later than 7 days after that receipt. Division 2—Reciprocal recognition of corresponding control orders Subdivision 1—Application for registration 99 Chief Commissioner may apply for registration of corresponding control orders (1) The Chief Commissioner may apply to the Prothonotary for registration of a corresponding control order. (2) An application for registration of a corresponding control order does not need to be served on the respondent. (3) An application for registration of a corresponding control order that applies to an individual may be made at the same time as or after an application for registration of a corresponding declaration for an organisation. s. 98 -- 79 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 73 Authorised by the Chief Parliamentary Counsel 100 Form and content of application An application for registration of a corresponding control order must— (a) be in writing; and (b) state that the Chief Commissioner believes that it is necessary or desirable that the corresponding control order operate in this State; and (c) state whether the Chief Commissioner believes that it is necessary or desirable for the control order to be registered with variations for its effective operation in this State, and if so, the details of those variations; and (d) be accompanied by— (i) a copy of the control order to be registered; and (ii) an affidavit that includes enough information to enable the Prothonotary to find that the control order is a corresponding control order that is in effect. Subdivision 2—Registration of corresponding control orders 101 Registration of corresponding control order by Prothonotary (1) On an application under section 99 for the registration of a corresponding control order, the Prothonotary must register the order if the Prothonotary is satisfied— (a) that the order is in effect; and s. 100 -- 80 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 74 Authorised by the Chief Parliamentary Counsel (b) if the law of the jurisdiction in which the order was made requires notice of the order to be published—that the requirement has been complied with; and (c) if the law of the jurisdiction in which the order was made requires that the order be served on any organisation, person or group of persons—that the requirement has been complied with or is taken to have been complied with; and (d) that the application states that the Chief Commissioner believes that it is necessary or desirable that the corresponding control order operate in this State; and (e) that the application does not state that the Chief Commissioner believes that it is necessary for the corresponding control order to be registered with variations for its effective operation in this State. (2) The Prothonotary must not register a corresponding control order unless the Prothonotary is satisfied of the matters set out in subsection (1). 102 Referral of application to Court for variation If the application states that the Chief Commissioner believes that it is necessary for a corresponding control order to be registered with variations for its effective operation in this State, the Prothonotary must— (a) refer the application for registration to the Court; and (b) notify the Chief Commissioner of that referral. s. 102 -- 81 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 75 Authorised by the Chief Parliamentary Counsel 103 Service of application (1) If an application for registration of a corresponding control order is referred to the Court under section 102, the Chief Commissioner must cause the following documents to be served on the respondent— (a) a copy of the application for registration; (b) a copy of each affidavit that accompanied the application. (2) The copies must be served as soon as practicable after the application is referred to the Court. Note For service, see Division 2 of Part 6. 104 Hearing of application (1) The Chief Commissioner and the respondent may appear at the hearing of an application referred to the Court under section 102 and make submissions in relation to the application. (2) However, the Court may hear and determine the application even if the respondent does not appear. 105 Determination of application for registration (1) After hearing an application for registration of a corresponding control order referred to the Court under section 102, the Court may— (a) direct the Prothonotary to register the order— (i) with any variations that the Court considers necessary for its effective operation in this State; or (ii) without any variations; or (b) determine that the order is not to be registered. s. 103 -- 82 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 76 Authorised by the Chief Parliamentary Counsel (2) Before giving a direction under subsection (1), the Court must— (a) be satisfied that the respondent is a member, former member or prospective member of an organisation that is the subject of a corresponding declaration that is currently in effect; and (b) take into account any substantial change in the respondent's circumstances since the corresponding control order was made. (3) In determining an application to register a corresponding control order with variations, the Court may— (a) vary the conditions of the order, whether or not those conditions could be imposed on a control order under Part 3 and whether or not those conditions are mandatory or discretionary under the law of the jurisdiction in which the order was made; (b) specify additional conditions on the order that could be imposed on a control order under Part 3, whether or not those conditions could be imposed on the order under the law of the jurisdiction in which the order was made; (c) specify conditions of the order that do not apply in this State, whether or not those conditions are mandatory or discretionary under the law of the jurisdiction in which the order was made; (d) specify any ancillary conditions that are necessary to give effect to the order in this State. s. 105 -- 83 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 77 Authorised by the Chief Parliamentary Counsel 106 Registration of corresponding control order after determination of Court (1) The Prothonotary must register a corresponding control order without variation or with variations as directed by the Court under this Division. (2) The Prothonotary must not register a corresponding control order if the Court has determined under this Division that the order is not to be registered. 107 Period of registration (1) On registering a corresponding control order under this Division, the Prothonotary must specify the day on which the registration ceases to have effect. (2) The day specified in accordance with subsection (1) is to be— (a) the day on which the corresponding control order would cease to have effect in the jurisdiction in which it was made if it were not sooner revoked; or (b) if, under the law of the jurisdiction in which the corresponding control order was made, the corresponding control order remains in effect for an indefinite period—the day that is 3 years after the day of registration in this State. 108 Notice and copy to Chief Commissioner (1) The Prothonotary must give the Chief Commissioner notice of the registration of a corresponding control order and a copy of the registered corresponding control order. (2) The notice and copy must be given as soon as practicable after the corresponding control order is registered but no later than 7 days after that registration. s. 106 -- 84 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 78 Authorised by the Chief Parliamentary Counsel 109 Service of corresponding control order (1) The Chief Commissioner must cause a copy of a registered corresponding control order to be served on the respondent. (2) The copy must be served as soon as practicable after the Chief Commissioner receives a copy of the registered corresponding control order but no later than 7 days after that receipt. Note For service, see Division 2 of Part 6. 110 Commencement of registered corresponding control order A registered corresponding control order comes into effect in this State on the day on which the order is served on the respondent under section 109. 111 Duration of registered corresponding control order (1) Subject to subsection (2), a registered corresponding control order remains in effect in this State until one of the following occurs— (a) the registration of the corresponding control order ceases to have effect in accordance with section 107; (b) the registration of the corresponding control order is cancelled under section 121. (2) A registered corresponding control order is not in effect in this State if it is not in effect in the jurisdiction in which it was made. 112 Effect of registration of corresponding control order A registered corresponding control order that has come into effect under this Part operates in this State for the purposes of section 68 as if it were a control order made under Part 3. s. 109 -- 85 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 79 Authorised by the Chief Parliamentary Counsel Subdivision 3—Application for variation of registered corresponding control order 113 Application for variation of registered corresponding control order (1) The Chief Commissioner may apply to the Court for the variation of a registered corresponding control order. (2) The respondent may, with the leave of the Court, apply to the Court for the variation of a registered corresponding control order. (3) The Court may grant leave to apply under subsection (2) if the Court is satisfied that there has been a substantial change in circumstances since the corresponding control order was made. 114 Form and content of application (1) An application under section 113 must— (a) be in writing; and (b) set out the details of the variation sought and the grounds for the variation. (2) An application must be accompanied by at least one affidavit which addresses the grounds on which the variation is sought. (3) An application must be served as soon as practicable after the application is made on the following persons— (a) if the applicant is the Chief Commissioner— the respondent; (b) if the applicant is the respondent—the Chief Commissioner. Note For service, see Division 2 of Part 6. s. 113 -- 86 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 80 Authorised by the Chief Parliamentary Counsel 115 Determination of Court in relation to application for variation (1) After hearing an application for the variation of a registered corresponding control order under section 113, the Court may, if the Court considers it appropriate to do so— (a) direct the Prothonotary to vary the registered corresponding control order, if the Court considers the variation is necessary for the effective operation of the order in this State; or (b) determine that a variation is not to be made; or (c) direct the Prothonotary to cancel the registration of the corresponding control order. (2) In making a determination under subsection (1), the Court must have regard to any substantial change in circumstances since the corresponding control order was made. (3) Section 105(2) and (3) (with any necessary changes) apply to an application for the variation of a registered corresponding control order made under section 113. (4) If the Court directs the Prothonotary to vary a registered corresponding control order, the variation takes effect when notice of the variation is served on the respondent under section 118. 116 Prothonotary must give effect to determination of Court The Prothonotary must vary a registered corresponding control order as directed by the Court under section 115. s. 115 -- 87 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 81 Authorised by the Chief Parliamentary Counsel 117 Notice and copy of varied order to Chief Commissioner (1) The Prothonotary must give the Chief Commissioner— (a) notice of the variation of the registered corresponding control order under section 115; and (b) a copy of the registered corresponding control order with the variation. (2) The notice and copy must be given as soon as practicable after the determination is made by the Court under section 115 but no later than 7 days after that determination. 118 Service of order with variation (1) The Chief Commissioner must cause a copy of the registered corresponding control order with the variation under section 115 to be served on the respondent. (2) The copy must be served as soon as practicable after the Chief Commissioner receives a copy of the registered corresponding control order with the variation but no later than 7 days after that receipt. Note For service, see Division 2 of Part 6. Subdivision 4—Cancellation of registration of corresponding control order 119 Application for cancellation of registered corresponding control order (1) The Chief Commissioner may apply to the Court to cancel the registration of a registered corresponding control order. s. 117 -- 88 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 82 Authorised by the Chief Parliamentary Counsel (2) The respondent may, with the leave of the Court, apply to the Court to cancel the registration of a registered corresponding control order. (3) The Court may grant leave to apply under subsection (2) if the Court is satisfied that there has been a substantial change in circumstances since the corresponding control order was made. 120 Form and content of application (1) An application under section 119 must— (a) be in writing; and (b) state the grounds on which the cancellation is sought. (2) An application must be accompanied by at least one affidavit which addresses the grounds on which the cancellation is sought. 121 Determination of Court in relation to application for cancellation (1) After hearing an application for the cancellation of the registration of a registered corresponding control order under section 119, the Court may, if it considers it appropriate to do so— (a) direct the Prothonotary to cancel the registration of the corresponding control order; or (b) if the Court considers that it is reasonably practicable to make variations to the registered corresponding control order for its effective operation in this State—determine not to cancel the order and direct the Prothonotary to make those variations; or (c) determine not to cancel the registration of the corresponding control order. s. 120 -- 89 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 83 Authorised by the Chief Parliamentary Counsel (2) In making a determination under subsection (1), the Court must have regard to any substantial change in circumstances since the corresponding control order was made. (3) If the Court directs the Prothonotary to vary a registered corresponding control order, the variation takes effect when notice of the variation is served on the respondent under section 124. 122 Prothonotary must give effect to determination of Court The Prothonotary must cancel the registration of, or vary, a registered corresponding control order as directed by the Court under section 121. 123 Notice to Chief Commissioner (1) The Prothonotary must give the Chief Commissioner— (a) notice of the cancellation of the registration, or variation, of the registered corresponding control order under section 121; and (b) if applicable, a copy of the registered corresponding control order with the variation. (2) The notice must be given as soon as practicable after the determination is made by the Court under section 121 but no later than 7 days after that determination. 124 Service of notice on respondent (1) The Chief Commissioner must cause the following to be served on the respondent, as applicable— (a) a copy of the notice of cancellation of the registration, or the variation, of the registered corresponding control order under section 121; and s. 122 -- 90 of 117 -- Part 5—Recognition of Corresponding Declarations and Control Orders Criminal Organisations Control Act 2012 No. 80 of 2012 84 Authorised by the Chief Parliamentary Counsel (b) a copy of the registered corresponding control order with the variation. (2) The copy must be served as soon as practicable after the Chief Commissioner receives the notice of cancellation or variation but no later than 7 days after that receipt. Note For service, see Division 2 of Part 6. __________________ s. 124 -- 91 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 85 Authorised by the Chief Parliamentary Counsel PART 6—GENERAL Division 1—Corporate criminal responsibility 125 Definitions In this Division— associate, in relation to a body corporate, means— (a) an employee or agent of the body corporate to the extent that he or she is acting within the actual or apparent scope of his or her employment or within his or her actual or apparent authority; or (b) an officer of the body corporate; officer means— (a) in the case of body corporate that is— (i) a company or registered foreign company within the meaning of the Corporations Act; or (ii) is incorporated under a law of another State or a Territory— an officer (as defined by section 9 of the Corporations Act) of the body corporate to the extent that he or she is acting within the actual or apparent scope of his or her employment or within his or her actual or apparent authority; (b) in the case of a body corporate that is an incorporated association—an office holder within the meaning of section 82 of the Associations Incorporation Reform Act 2012; s. 125 -- 92 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 86 Authorised by the Chief Parliamentary Counsel specified section means section 68(1), 77(1), 83(1), 84(1) or 85(2). 126 Corporate criminal responsibility for certain offences against this Act (1) For the purposes of a proceeding against a body corporate for an offence against a specified section— (a) relevant conduct engaged in by an associate of the body corporate must also be attributed to the body corporate; and (b) knowledge of an associate of the body corporate must also be attributed to the body corporate. (2) If an officer of a body corporate contravenes a specified section, the body corporate must be taken to have also contravened that section and may be proceeded against and found guilty of an offence against that section whether or not the officer has been proceeded against or found guilty of that offence. (3) In a proceeding against a body corporate for an offence against a specified section, brought in reliance on subsection (2), it is a defence to the charge for the body corporate to prove that it exercised due diligence to prevent the contravention of that section by the officer. (4) It is not necessary that each element of an offence against a specified section that is attributed to a body corporate by force of subsection (1) be supplied by the same associate of the body corporate. s. 126 -- 93 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 87 Authorised by the Chief Parliamentary Counsel Division 2—Service 127 General rules as to service (1) For the purposes of this Act— (a) if a document is to be served on an individual—it must be served in accordance with section 128; and (b) if a document is to be served on a company or a registered foreign company within the meaning of the Corporations Act—it must be served in accordance with section 109X or 601CX of that Act, as the case may be; and (c) if a document is to be served on an incorporated association—it must be served in accordance with section 217 of the Associations Incorporation Reform Act 2012; and (d) if a document is to be served on a body or association incorporated under a law of another State or a Territory—it must be served in accordance with section 129; and (e) if a document is to be served on an unincorporated body or association—it must be served in accordance with section 128 on an office holder of the organisation. (2) If it appears to a court on sworn evidence, whether oral or by affidavit, that service cannot be promptly effected, the court may make an order for substituted service. s. 127 -- 94 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 88 Authorised by the Chief Parliamentary Counsel 128 Service on an individual A document may be served on an individual— (a) by delivering it personally to the individual; or (b) by sending it by prepaid ordinary post to the individual at his or her usual or last known residential or business address; or (c) by leaving it at the individual's usual or last known residential or business address with an individual on the premises who is apparently at least 16 years old and apparently residing or employed there. 129 Service on bodies and associations incorporated interstate A document may be served on a body or association incorporated under a law of another State or a Territory— (a) by leaving a copy of the document at the registered office or principal place of business of the body corporate; or (b) by sending a copy of the document by prepaid ordinary post to the registered office or principal place of business of the body corporate. Division 3—Register 130 Register of declarations, control orders and corresponding orders (1) The Chief Commissioner must establish and maintain a register of— (a) declarations; and (b) control orders; and s. 128 -- 95 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 89 Authorised by the Chief Parliamentary Counsel (c) registered corresponding declarations; and (d) registered corresponding control orders. (2) The purposes of the register are— (a) to enable members of Victoria Police to readily determine what declarations, control orders, registered corresponding declarations and registered corresponding control orders are in effect; and (b) to enable members of the public to know of declarations, control orders and registered corresponding declarations that may affect them. (3) The register must contain an entry for— (a) each declaration; and (b) each control order; and (c) each registered corresponding declaration; and (d) each registered corresponding control order. (4) The Chief Commissioner may keep the register in any form the Chief Commissioner thinks fit. 131 Information to be kept on register (1) Each entry in the register in respect of a declaration must include the following information— (a) whether the declaration applies to a declared organisation or a declared individual; (b) the identity of the declared organisation to which or a declared individual to whom it applies; (c) whether the declaration is in effect. s. 131 -- 96 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 90 Authorised by the Chief Parliamentary Counsel (2) Each entry in the register in respect of a control order must include the following information— (a) whether the order is applies to a declared organisation or an individual; (b) the identity of the declared organisation to which or individual to whom it applies; (c) in the case of an individual to whom it applies and who is a declared organisation member, the identity of the declared organisation of which the individual is a member, former member or prospective member; (d) the conditions imposed by the order; (e) whether the control order is in effect. (3) Each entry in the register in respect of a registered corresponding declaration must include the following information— (a) the identity of the organisation to which it applies; (b) the day on which the corresponding declaration was registered; (c) whether or not the registration is currently in effect. (4) Each entry in the register in respect of a registered corresponding control order must include the following information— (a) the identity of the individual to whom it applies; (b) in the case of an individual to whom it applies, the identity of the organisation of which the individual is a member, former member or prospective member and to which a corresponding declaration applies; s. 131 -- 97 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 91 Authorised by the Chief Parliamentary Counsel (c) the day on which the corresponding control order was registered; (d) whether or not the registration is currently in effect. (5) The regulations may provide that an entry on the register must require, or may provide for, the inclusion of prescribed information. (6) The Chief Commissioner must ensure that information referred to in subsections (1)(c) and (2)(d) is kept up to date. (7) The Chief Commissioner must, as soon as possible after becoming aware that information referred to in subsection (3)(c) or (4)(c) is out of date, correct that information so that it is up to date. 132 Public access to certain entries on register The Chief Commissioner must ensure that the following entries on the register are accessible to any person on payment of the prescribed fee (if any)— (a) the entries for declarations applying to declared organisations that are in effect; (b) the entries for control orders applying to declared organisations that are in effect; (c) the entries for registered corresponding declarations with a registration that is in effect. Division 4—Reporting 133 Annual report (1) The Chief Commissioner must give the Attorney- General a report that includes the following information in respect of each financial year— s. 132 -- 98 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 92 Authorised by the Chief Parliamentary Counsel (a) in respect of each of the following kinds of applications, the number of those applications made during that financial year— (i) applications for declarations in respect of organisations; (ii) applications for declarations in respect of individuals; (iii) applications to renew declarations in respect of organisations; (iv) applications to renew declarations in respect of individuals; (v) applications for control orders in respect of declared organisations; (vi) applications for control orders in respect of individuals who are declared individuals; (vii) applications for control orders in respect of individuals who are declared individuals; (viii) applications for control orders in respect of individuals who are declared organisation members; (ix) applications to renew control orders in respect of declared organisations; (x) applications to renew control orders in respect of individuals who are declared individuals; (xi) applications to renew control orders in respect of individuals who are declared organisation members. s. 133 -- 99 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 93 Authorised by the Chief Parliamentary Counsel (b) in respect of each of the kinds of applications specified in paragraph (a)— (i) the number of those applications that were withdrawn or refused during that financial year; and (ii) the number of those applications that were granted during that financial year; (c) the number of declarations applying to declared organisations that were in effect on the last day of that financial year; (d) the number of declarations applying to declared individuals that were in effect on the last day of that financial year; (e) the number of control orders applying to declared organisations that were in effect on the last day of that financial year; (f) the number of control orders applying to individuals that were in effect on the last day of that financial year; (g) the number of corresponding declarations registered under Part 5 during that financial year; (h) the number of corresponding control orders registered under Part 5 during that financial year; (i) the number of registered corresponding declarations in effect on the last day of that financial year; (j) the number of registered corresponding control orders in effect on the last day of that financial year; (k) the number of criminal intelligence protection orders made in that financial year; s. 133 -- 100 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 94 Authorised by the Chief Parliamentary Counsel (l) the number of offences against this Act that were charged during that financial year; (m) the number of proceedings for— (i) charges for offences against this Act that were concluded during that financial year, including the number of any findings of guilt or convictions; and (ii) charges for offences against this Act that were discontinued during that financial year. (2) The report must be given to the Attorney-General as soon as practicable, but within 3 months, after the end of each financial year. (3) The Attorney-General must cause a copy of the report to be laid before each House of Parliament within 12 sitting days of that House after the report is received by the Attorney-General. Division 5—Other matters 134 Information sharing (1) For the purposes of this section, the following are specified persons— (a) the Chief Commissioner; (b) the Prothonotary; (c) a special counsel appointed under section 71 or 79; (d) the incorporated associations Registrar. (2) The Chief Commissioner, the Prothonotary or a special counsel appointed under section 71 or 79 may disclose information acquired in the exercise of powers or the performance of functions or duties under this Act to any other specified person for the purpose of— s. 134 -- 101 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 95 Authorised by the Chief Parliamentary Counsel (a) enabling the Chief Commissioner, the Prothonotary or a special counsel appointed under section 71 or 79 to exercise powers or perform functions or duties under this Act; or (b) enabling the incorporated associations Registrar to exercise powers or perform functions or duties under the Associations Incorporation Reform Act 2012. (3) The incorporated associations Registrar may disclose information acquired in the exercise of powers or the performance of functions or duties under the Associations Incorporation Reform Act 2012 to any other specified person for the purpose of— (a) enabling the incorporated associations Registrar to exercise powers or perform functions or duties under that Act; or (b) enabling the Chief Commissioner, the Prothonotary or a special counsel appointed under section 71 or 79 to exercise powers or perform functions or duties under this Act. (4) The Chief Commissioner may disclose the identity of an organisation or individual who is subject to a declaration or control order to— (a) a police force or police service of a State or a Territory; or (b) the Australian Federal Police; or (c) any other authority or person responsible for the enforcement of the laws of the Commonwealth or a State or a Territory; or (d) a police force or police service (however described) of a place outside Australia; or (e) any other authority or person responsible for the enforcement of the laws of a place outside Australia. s. 134 -- 102 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 96 Authorised by the Chief Parliamentary Counsel 135 Nature of proceedings under Act Proceedings on an application under this Act are civil in nature, except as otherwise provided under this Act. 136 Delegation (1) The Chief Commissioner, by instrument, may delegate any function or power he or she has under this Act, other than this power of delegation, to a member of Victoria Police of or above the rank of inspector. (2) Subsection (1) does not limit section 6A(1) of the Police Regulation Act 1958. 137 Review of Act (1) The Attorney-General must cause a review to be undertaken of the first 5 years of operation of this Act (the report period) and the effectiveness of this Act during the report period. (2) The review must be completed and a report of the review must be given to the Attorney-General within one year after the end of the report period. (3) The Attorney-General must cause a copy of the report of the review to be laid before each House of Parliament within 12 sitting days after the Attorney-General is given the report. (4) Subject to subsection (5), the following persons may give any information concerning the operation of this Act to any person involved in undertaking the review— (a) the Chief Commissioner; (b) a special counsel appointed under section 71 or 79; (c) the Prothonotary; (d) the incorporated associations Registrar. s. 135 -- 103 of 117 -- Part 6—General Criminal Organisations Control Act 2012 No. 80 of 2012 97 Authorised by the Chief Parliamentary Counsel (5) A person disclosing information under subsection (4)— (a) may disclose information that— (i) is subject to a criminal intelligence protection order; or (ii) was provided to the Court in the course of an application for a criminal intelligence protection order; and (b) must, when disclosing that information, state that the information is of the kind referred to in paragraph (a)(i) or (ii), as the case requires. (6) The report of the review must not include any information referred to in subsection (5). 138 Regulations (1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) The regulations— (a) may be of general or limited application; and (b) may differ according to differences in time, place or circumstances. __________________ s. 138 -- 104 of 117 -- Part 7—Amendment of Other Acts Criminal Organisations Control Act 2012 No. 80 of 2012 98 Authorised by the Chief Parliamentary Counsel PART 7—AMENDMENT OF OTHER ACTS Division 1—Amendment of Supreme Court Act 1986 139 Restriction on appeals (1) In section 17A(4) of the Supreme Court Act 1986, after "subsection (4A)" insert "or (4B)". (2) After section 17A(4A) of the Supreme Court Act 1986 insert— "(4B) Subsection (4)(b) does not apply to an application under Part 2, 3, 4 or 5 of the Criminal Organisations Control Act 2012.". Division 2—Amendment of Civil Procedure Act 2010 140 Application of Act After section 4(2)(e) of the Civil Procedure Act 2010 insert— "(ea) the Criminal Organisations Control Act 2012;". Division 3—Repeal of amending Part 141 Repeal of amending Part This Part is repealed on 1 November 2014. Note The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). __________________ s. 139 See: Act No. 110/1986. Reprint No. 7 as at 1 January 2011 and amending Act Nos 50/2011 and 26/2012. LawToday: www. legislation. vic.gov.au See: Act No. 47/2010 and amending Act Nos 1/2011, 83/2011 and 62/2012. LawToday: www. legislation. vic.gov.au -- 105 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 99 Authorised by the Chief Parliamentary Counsel SCHEDULE Section 4(2)(b) SPECIFIED OFFENCES 1 Classification (Publications, Films and Computer Games) (Enforcement) Act 1995 1.1 Section 15(2) (sale of a commercial quantity of X 18+ films). 1.2 Section 23A(4) (possession of a commercial quantity of X 18+ films with the intention of selling or exhibiting them). 1.3 Section 23A(5) (copying a commercial quantity of X 18+ films with the intention of selling or exhibiting them). 1.4 Section 24(1) (making an objectionable film). 1.5 Section 32(1) (producing an objectionable publication). 2 Control of Weapons Act 1990 2.1 Section 5(1) (importing, manufacturing, displaying or advertising for sale a prohibited weapon without an exemption or approval). 2.2 Section 5(1A) (possessing, carrying or using a prohibited weapon in licensed premises without an exemption or approval). 3 Crimes Act 1958 3.1 Section 21 (making a threat to inflict serious injury). 3.2 Section 30 (threatening injury to prevent arrest). 3.3 Section 31 (assault). 3.4 Section 31B (being armed with criminal intent). Sch. -- 106 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 100 Authorised by the Chief Parliamentary Counsel 3.5 Section 83A(5C) (making, possessing or controlling a thing that is designed or adapted to make forged documents). Note See also section 4(1)(c). 4 Dangerous Goods Act 1985 4.1 Section 54(5) (dealing with an unauthorised explosive). 5 Drugs, Poisons and Controlled Substances Act 1981 5.1 Section 71C (possession of a tablet press). 5.2 Section 71D (possession of a prescribed precursor chemical). 6 Firearms Act 1996 6.1 Section 5(2) (prohibited person possessing, carrying or using a silencer). 6.2 Section 6(1) (non-prohibited person possessing, carrying or using a registered category A longarm). 6.3 Section 6(2) (non-prohibited person possessing, carrying or using a registered category B longarm). 6.4 Section 6(3) (non-prohibited person possessing, carrying or using a registered category C longarm). 6.5 Section 6(4) (non-prohibited person possessing, carrying or using a registered category D longarm). 6.6 Section 6(5) (non-prohibited person possessing, carrying or using a registered category E longarm). 6.7 Section 6(6) (non-prohibited person possessing, carrying or using other longarm). Sch. -- 107 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 101 Authorised by the Chief Parliamentary Counsel 6.8 Section 6A(1) (non-prohibited person possessing, carrying or using an unregistered category A or B longarm). 6.9 Section 6A(2) (non-prohibited person possessing, carrying or using an unregistered category C or D longarm). 6.10 Section 6A(3) (non-prohibited person possessing, carrying or using an unregistered category E longarm). 6.11 Section 7(1) (non-prohibited person possessing, carrying or using a registered general category handgun without a licence). 6.12 Section 7(2) (non-prohibited person possessing, carrying or using a registered category E handgun without a licence). 6.13 Section 7(3) (non-prohibited person possessing, carrying or using a registered pre-1947 handgun for collection purposes without a licence). 6.14 Section 7(4) (non-prohibited person possessing, carrying or using a registered category E handgun for collection purposes without a licence). 6.15 Section 7(5) (non-prohibited person possessing, carrying or using a registered general category handgun for collection purposes without a licence). 6.16 Section 7(6) (non-prohibited person possessing, carrying or using a registered post-1947 category E handgun for collection purposes without a licence). 6.17 Section 7A(1) (holder of handgun target shooting licence possessing, carrying or using certain types of handguns). 6.18 Section 7B(1) (possessing, carrying or using an unregistered general category handgun). Sch. -- 108 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 102 Authorised by the Chief Parliamentary Counsel 6.19 Section 36(1) (holder of longarm licence for category A or B longarms contravening a condition of the licence). 6.20 Section 36(2) (holder of licence for category C or D longarms or general category handguns contravening a condition of the licence). 6.21 Section 36(3) (holder of longarm licence for category E longarms contravening a condition of the licence). 6.22 Section 45(3) (disposing of category A or B longarm other than to a licensed firearms dealer). 6.23 Section 45(4) (disposing of category C or D longarm, or general category handgun, other than to a licensed firearms dealer). 6.24 Section 45(5) (disposing of category E longarm, or category E handgun, other than to a licensed firearms dealer). 6.25 Section 53(1) (failing to surrender firearm or cartridge ammunition once a licence is suspended or cancelled). 6.26 Section 57(1) (non-prohibited person possessing, carrying or using a silencer without, or in contravention of, a permit). 6.27 Section 57A(1) (holder of handgun security guard licence possessing, carrying or using restricted ammunition without, or in contravention of, a permit). 6.28 Section 59(1) (being a firearms dealer in category A or B longarms or paintball markers without, or in contravention of, a licence). 6.29 Section 59(2) (being a firearms dealer in other firearms without, or in contravention of, a licence). Sch. -- 109 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 103 Authorised by the Chief Parliamentary Counsel 6.30 Section 83 (failing to surrender firearms or cartridge ammunition once a dealers licence is suspended or cancelled). 6.31 Section 93(1) (licensed firearms dealer acquiring a category A or B longarm other than from a specified person). 6.32 Section 93(2) (licensed firearms dealer acquiring a category C or D longarm, or a general category handgun, other than from a specified person). 6.33 Section 93(3) (licensed firearms dealer acquiring other firearm other than from a specified person). 6.34 Section 94(1) (licensed firearms dealer disposing of a category A or B longarm other than to a specified person). 6.35 Section 94(2) (licensed firearms dealer disposing of a category C or D longarm other than to a specified person). 6.36 Section 94(3) (licensed firearms dealer disposing of other firearm other than to a specified person). 6.37 Section 95(1) (person who is not a licensed firearms dealer acquiring a category A or B longarm from another person who is not a licensed firearms dealer). 6.38 Section 95(2) (person who is not a licensed firearms dealer acquiring a category C or D longarm from another person who is not a licensed firearms dealer). 6.39 Section 95(2A) (person who is not a licensed firearms dealer acquiring a general category handgun from another person who is not a licensed firearms dealer). 6.40 Section 95(3) (person who is not a licensed firearms dealer acquiring a category E longarm from another person who is not a licensed firearms dealer). Sch. -- 110 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 104 Authorised by the Chief Parliamentary Counsel 6.41 Section 96(1) (person who is not a licensed firearms dealer acquiring a category E handgun from a person who is not a licensed firearms dealer). 6.42 Section 96(2) (person who is not a licensed firearms dealer disposing of a category C or D longarm to a person who is not a licensed firearms dealer). 6.43 Section 96(2A) (person who is not a licensed firearms dealer disposing of a general category handgun to a person who is not a licensed firearms dealer). 6.44 Section 96(3) (person who is not a licensed firearms dealer disposing of a category E longarm to a person who is not a licensed firearms dealer). 6.45 Section 98(1) (person who is not a licensed firearms dealer taking possession of a firearm without personally receiving it). 6.46 Section 98(2) (person who is not a licensed firearms dealer giving possession of a firearm without personally giving it). 6.47 Section 99(1) (licensed firearms dealer acquiring a category A or B longarm from an interstate person who does not hold an interstate dealers licence). 6.48 Section 99(2) (licensed firearms dealer acquiring a category C or D longarm, or a general category handgun, from an interstate person who does not hold an interstate dealers licence). 6.49 Section 99(3) (licensed firearms dealer acquiring a category E longarm, or a category E handgun, from an interstate person who does not hold an interstate dealers licence). 6.50 Section 100(1) (licensed firearms dealer disposing of a category A or B longarm to an interstate person who does not hold an interstate licence). Sch. -- 111 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 105 Authorised by the Chief Parliamentary Counsel 6.51 Section 100(2) (licensed firearms dealer disposing of a category C or D longarm, or a general category handgun, to an interstate person who does not hold an interstate licence). 6.52 Section 100(3) (licensed firearms dealer disposing of a category E longarm, or a category E handgun, to an interstate person who does not hold an interstate licence). 6.53 Section 101B(1) (providing financial accommodation for the illegal acquisition or disposal of a category A or B longarm). 6.54 Section 101B(2) (providing financial accommodation for the illegal acquisition or disposal of a category C or D longarm or a general category handgun). 6.55 Section 101B(3) (providing financial accommodation for the illegal acquisition or disposal of a category E longarm, or a category E handgun). 6.56 Section 102(1) (acquiring a category A or B longarm without a permit). 6.57 Section 102(2) (acquiring a category C or D longarm without a permit). 6.58 Section 102(2A) (acquiring a general category handgun without a permit). 6.59 Section 102(3) (acquiring a category E longarm without a permit). 6.60 Section 121(1) (improperly storing a firearm that is possessed under a longarm licence for a category A or B longarm). 6.61 Section 121(1A) (improperly storing cartridge ammunition that is possessed under a longarm licence for a category A or B longarm). Sch. -- 112 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 106 Authorised by the Chief Parliamentary Counsel 6.62 Section 121(2) (improperly storing a firearm that is possessed under a licence for a general category handgun or a category C or D longarm). 6.63 Section 121(2A) (improperly storing cartridge ammunition that is possessed under a licence for a general category handgun, or a category C or D longarm). 6.64 Section 121(3) (improperly storing a firearm that is possessed under a licence for a category E handgun or a category E longarm). 6.65 Section 121(3A) (improperly storing cartridge ammunition that is possessed under a licence for a category E handgun or a category E longarm). 6.66 Section 123(1) (improperly storing a category A or B longarm that is possessed under a dealers licence). 6.67 Section 123(2) (improperly storing a category C or D longarm, or a general category handgun, that is possessed under a dealers licence). 6.68 Section 123(3) (improperly storing a category E handgun, or a category E longarm, that is possessed under a dealers licence). 6.69 Section 123(4) (improperly storing ammunition that is possessed under a dealers licence). 6.70 Section 125 (disposing of cartridge ammunition to an unauthorised person). 6.71 Section 126(1) (carrying or using a category A or B longarm without keeping it safe). 6.72 Section 126(2) (carrying or using a category C or D longarm, or a general category handgun, without keeping it safe). 6.73 Section 126(3) (carrying or using a category E longarm, or a category E handgun, without keeping it safe). Sch. -- 113 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 107 Authorised by the Chief Parliamentary Counsel 6.74 Section 126(4) (carrying or using cartridge ammunition without keeping it safe). 6.75 Section 127(1) (permitting a category A or B longarm to be carried or used by an unauthorised person). 6.76 Section 127(2) (permitting a category C or D longarm to be carried or used by an unauthorised person). 6.77 Section 127(3) (permitting a category E longarm to be carried or used by an unauthorised person). 6.78 Section 128 (damaging property with a firearm). 6.79 Section 129 (using a firearm in a dangerous manner). 6.80 Section 129A (unlicensed person storing a firearm or cartridge ammunition in an insecure manner). 6.81 Section 130(1) (carrying or using a firearm in certain places). 6.82 Section 131(1) (possessing, carrying or using a firearm on private property without consent). 6.83 Section 132(1) (carrying or using a firearm while intoxicated). 6.84 Section 132(2) (concealing a firearm for the purpose of committing an indictable offence). 6.85 Section 133 (disposing of a firearm to an intoxicated person). 6.86 Section 134(1) (shortening the barrel of a longarm). 6.87 Section 134(2) (altering an inoperable firearm so it can discharge any shot, bullet or missile). 6.88 Section 134(3) (defacing or altering identifying marks on a firearm). Sch. -- 114 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 108 Authorised by the Chief Parliamentary Counsel 6.89 Section 134(4) (destroying, or rendering inoperable, a firearm or other item without the Chief Commissioner's approval). 6.90 Section 134C(1) (possessing a firearm on which there is no serial number). 6.91 Section 135(1) (owning a category A or B longarm without a licence to possess it). 6.92 Section 135(2) (owning a category C or D longarm, or a general category handgun, without a licence to possess it). 6.93 Section 135(3) (owning a category E longarm, or a category E handgun, without a licence to possess it). 6.94 Section 136 (disposing of a firearm to a minor). 6.95 Section 137(1) (altering the particulars on a licence, permit, certificate or other document). 6.96 Section 138 (making a false entry in a register or other record). 6.97 Section 140A(1) (making a false or misleading statement in making an application). 6.98 Section 140A(2) (being false or misleading in providing identification). 6.99 Section 140A(3) (making a false or misleading statement in supporting an application). 7 Sex Work Act 1994 7.1 Section 22(1) (knowingly or recklessly carrying on business as a sex work service provider other than in accordance with a licence). 7.2 Section 22(1A) (carrying on business as a sex work service provider other than in accordance with a licence). Sch. -- 115 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 109 Authorised by the Chief Parliamentary Counsel 7.3 Section 22(3) (assisting in the carrying on of a sex work service providing business that is being carried on other than in accordance with a licence). 7.4 Section 57(1) (carrying on business as a sex work service provider in association with an unlicensed person). 7.5 Section 75(1) (having an interest in more than one brothel licence or permit). ═══════════════ Sch. -- 116 of 117 -- Criminal Organisations Control Act 2012 No. 80 of 2012 110 Authorised by the Chief Parliamentary Counsel ENDNOTES † Minister's second reading speech— Legislative Assembly: 15 November 2012 Legislative Council: 29 November 2012 The long title for the Bill for this Act was "A Bill for an Act to provide for the making of declarations and control orders for the purpose of preventing and disrupting the activities of organisations involved in serious criminal activity, and of their members, former members, prospective members and associates, to provide for the recognition and application of declarations and control orders made under corresponding laws and to make related amendments to other Acts and for other purposes." Endnotes -- 117 of 117 --