Victorian Current Acts Victorian Current Acts(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—
S. 45(2)(a) repealed by No. 55/2014 s. 74(1)(a), new s. 45(2)(a) inserted by No. 27/2016 s. 33(1).
(a) prohibit the organisation from doing any of the following—
(i) continuing to operate;
(ii) carrying on business;
(iii) taking on new members;
S. 45(2)(b) amended by No. 55/2014 s. 74(1)(b).
(b) prohibit certain members, former members or prospective members of the declared organisation (or certain classes of members, former members or prospective members) 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 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);
S. 45(2)(h) amended by No. 55/2014 s. 74(1)(c).
(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).
S. 45(2A) inserted by No. 55/2014 s. 74(2), repealed by No. 27/2016 s. 33(2).
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(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.
S. 45(4) substituted by No. 55/2014 s. 74(3).
(4) A person who was a member of a declared organisation on the day of the initial application, but who has since become a former member of that organisation, is taken to be both a member and a former member for the purposes of a condition imposed under subsection (2)(b) or (d).
S. 45(5) inserted by No. 55/2014 s. 74(3).
(5) In this section—
"carrying out of an activity" does not include being or becoming a party to a proceeding (including an appeal);
"day of the initial application", in relation to a declared organisation, means the day on which the Chief Commissioner applied for the declaration that applies to the organisation.