CRIMINAL ORGANISATIONS CONTROL ACT 2012

Victorian Current Acts

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CRIMINAL ORGANISATIONS CONTROL ACT 2012

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
5. Meaning of criminal history
6. Meaning of office holder
7. Meaning of organisation
8. Meaning of prospective member
9. Meaning of respondent
10. Descriptions of offences in the Schedule
11. Intention of Parliament that exercise of powers under this Act not diminish certain rights
12. Extra-territorial operation
13. Crown to be bound

PART 2--DECLARATIONS

Division 1--Applications for declarations

14. Chief Commissioner may apply for declaration
15. Form and content of application
16. Notice of application in respect of an organisation
17. Objection to application for declaration
18. Court may extend or abridge the time within which an objection may be made

Division 2--Determination of applications

19. Court may make declaration
20. Criminal history of members, former members and prospective members of certain organisations
21. Objections to be disregarded if respondent consents to declaration
22. Form of declaration
23. When a declaration takes effect
24. Duration of declaration
25. Service of declaration
26. Notice of making of declaration in respect of an organisation

Division 3--Revocation of declarations

27. Application for revocation of declaration
28. Form and content of application
29. Determination of application for revocation of declaration in respect of organisation
29A. Determination of application for revocation of declaration in respect of individual
30. When revocation of declaration takes effect
31. Service of order revoking declaration
32. Notice of revocation of declaration in respect of an organisation

Division 4--Renewal of declarations

33. Application for renewal of declaration
34. Determination of application for renewal of declaration
35. Applicable procedure for renewal of declarations
36. When a renewed declaration takes effect
37. Declarations may be renewed more than once

PART 3--CONTROL ORDERS

Division 1--Applications for control orders

38. Chief Commissioner may apply for control order
39. Form and content of application
40. Notice of application in respect of an organisation
41. Objection to application for control order
42. Court may extend or abridge the time within which an objection may be made

Division 2--Determination of applications

43. Court may make control order
44. Criminal history of current and former members and prospective members of certain organisations
45. Content of control orders—declared organisations
46. Winding up of incorporated associations that are prohibited from operating under a control order
47. Content of control orders—individuals
48. Ancillary orders
49. Conditions restricting association with others
50. Court must specify when control order takes effect
51. Standard of proof that applies to applications
51A. Objections to be disregarded if respondent consents to control order
52. Form of control order
53. Duration of control order
54. Service of control order
55. Notice of making of control order that applies to a declared organisation

Division 3--Variation or revocation of control orders and ancillary orders

56. Application for variation or revocation of control order or ancillary order
57. Form and content of application
58. Determination of application for variation or revocation—control order
58A. Determination of application for variation or revocation—ancillary order
59. Court must specify when variation or revocation of control order or ancillary order takes effect
60. Service of varied control order or ancillary order
61. Service of order revoking control order or ancillary order
62. Notice of variation or revocation of control order or ancillary order applying to an organisation

Division 4--Renewal of control orders

63. Application for renewal of control orders
64. Determination of application for renewal of control order
65. Applicable procedure for renewal of control order
66. When a renewed control order takes effect
67. Control orders may be renewed more than once

Division 5--Offences

68. Individual to whom or organisation to which a control order applies must comply with order

PART 4--PROTECTION OF CRIMINAL INTELLIGENCE

Division 1--Preliminary

69. Definitions

Division 2--Criminal intelligence protection orders

70. Application for criminal intelligence protection order
71. Appointment and role of special counsel
72. Adjournment to allow special counsel to communicate with respondent
73. Protection application to be heard in closed court unless Court orders otherwise
74. Offence to enter closed court
75. Determining protection application
76. Admissibility of protected criminal intelligence
77. Offence to publish report of hearing of protection application

Division 3--How protected criminal intelligence is dealt with in substantive applications

78. Division applies to the relevant part of a substantive application
79. Appointment and role of special counsel
80. Adjournment to allow special counsel to communicate with respondent
81. Protected criminal intelligence to be dealt with in closed court unless Court orders otherwise
82. Offence to enter closed court
83. Offence to publish report of hearing of relevant part

Division 4--General

84. Disclosure, receipt or solicitation of protected criminal intelligence
85. Disclosure, receipt or solicitation of other confidential material

PART 5--RECOGNITION OF CORRESPONDING DECLARATIONS AND CONTROL ORDERS

Division 1--Reciprocal recognition of corresponding declarations

86. Chief Commissioner may apply for registration of corresponding declaration
87. Form and content of application
88. Registration of corresponding declaration by Prothonotary
89. Period of registration
90. Notice and copy to Chief Commissioner
91. Service of corresponding declaration
92. Notice of registration of corresponding declaration
93. Effect of failure to comply with sections 90 to 92
94. Commencement of registered corresponding declaration
95. Duration of registered corresponding declaration
96. Effect of registration of corresponding declaration
97. Cancellation of registration of corresponding declaration
98. Notice of cancellation

Division 2--Reciprocal recognition of corresponding control orders

99. Chief Commissioner may apply for registration of corresponding control orders
100. Form and content of application
101. Registration of corresponding control order by Prothonotary
102. Referral of application to Court for variation
103. Service of application
104. Hearing of application
105. Determination of application for registration
106. Registration of corresponding control order after determination of Court
107. Period of registration
108. Notice and copy to Chief Commissioner
109. Service of corresponding control order
110. Commencement of registered corresponding control order
111. Duration of registered corresponding control order
112. Effect of registration of corresponding control order
113. Application for variation of registered corresponding control order
114. Form and content of application
115. Determination of Court in relation to application for variation
116. Prothonotary must give effect to determination of Court
117. Notice and copy of varied order to Chief Commissioner
118. Service of order with variation
119. Application for cancellation of registered corresponding control order
120. Form and content of application
121. Determination of Court in relation to application for cancellation
122. Prothonotary must give effect to determination of Court
123. Notice to Chief Commissioner
124. Service of notice on respondent

PART 5A--UNLAWFUL ASSOCIATION

Division 1--Offences

124A. Association with individuals convicted of serious criminal offences prohibited
124B. Lawful association authority
124C. Gazetted events or gatherings

Division 2--Unlawful association notices

124D. Issue of unlawful association notice
124E. Further related unlawful association notices
124F. Content of unlawful association notices
124G. When an unlawful association notice takes effect
124H. Duration of an unlawful association notice
124I. Service of unlawful association notice
124J. Amendment of unlawful association notice to correct clerical errors or obvious defects
124K. Revocation of unlawful association notice

Division 3--Internal review of unlawful association notice decisions

124L. Definitions
124M. Application for internal review
124N. Decision on internal review
124O. Amendment of unlawful association notice following review
124P. Revocation of unlawful association notice following review
124Q. Application for internal review does not stay effect of unlawful association notice

PART 6--GENERAL

Division 1--Corporate criminal responsibility

125. Definitions
126. Corporate criminal responsibility for certain offences against this Act

Division 2--Service

127. General rules as to service
128. Service on an individual
129. Service on bodies and associations incorporated interstate

Division 3--Register

130. Register of declarations, control orders and corresponding orders
131. Information to be kept on register
132. Public access to certain entries on register

Division 4--Reporting

133. Annual report

Division 5--Other matters

134. Information sharing
135. Nature of proceedings under Act
135A. Consent
135B. Costs
135C. Adjournment before costs order made
136. Delegation
137. Review of Act
138. Regulations

PART 7--TRANSITIONAL PROVISIONS

139. Confiscation and Other Matters Amendment Act 2016
SCHEDULE
ENDNOTES

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