Victorian Current Acts

CRIMINAL ORGANISATIONS CONTROL ACT 2012 - SECT 47

    (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;

        (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;

        (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 member of the organisation in their capacity as a member.