Victorian Current Acts

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CRIMINAL ORGANISATIONS CONTROL ACT 2012 - SECT 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.

    (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.



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