Victorian Current Acts Victorian Current Acts(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;
(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.