CRIMINAL ORGANISATIONS CONTROL ACT 2012

Western Australian Current Acts

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CRIMINAL ORGANISATIONS CONTROL ACT 2012

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Purposes of this Act
5. Act binds Crown

PART 2 -- Declared criminal organisations

Division 1 -- Applications for declaration

6. Purpose of declaration
7. Application for declaration
8. Publication of notice of application

Division 2 -- Determination of applications

9. Hearing of application
10. Persons who may attend and make submissions
11. Protected submissions
12. Designated authority can make declaration despite non-appearance of respondent or others
13. Designated authority may make declaration
14. Reasons for decision
15. Notice of declaration
16. Duration of declaration
17. Declaration not affected by change in name or reorganisation

Division 3 -- Renewal, revocation and expiry of declarations

18. Renewal of declaration
19. Application for revocation of declaration
20. Consideration of application for revocation may be dismissed
21. Determination of application for revocation
22. Reasons for decision
23. When revocation of declaration takes effect
24. Notice of revocation or expiry of declaration
25. Effect of expiry or revocation of declaration

Division 4 -- Designated authorities

26. Designation of judges or retired judges to determine applications
27. Termination of designation
28. Designated authorities not subject to control by Executive
29. Any designated authority may act
30. Protection and immunity
31. Nature and functions of designated authority
32. Record of proceedings

PART 3 -- Control orders

Division 1 -- Overview

33. Overview
34. Application of provisions protecting criminal intelligence information

Division 2 -- Interim control orders

Subdivision 1 -- Applications for interim control orders

35. Application for interim control order
36. Form of application
37. Application for hearing without notice or on notice

Subdivision 2 -- Determination of applications

38. Making of interim control order
39. Explanation of interim control order
40. Court to fix hearing date for application for control order
41. Notice of making of interim control order
42. Content of notice
43. Powers to request particulars and detain for purposes of service
44. Alternative means of service
45. Commencement and duration of interim control order

Subdivision 3 -- Revocation of interim control orders made without notice

46. Application for revocation of interim control order made without notice
47. Determination of application to revoke interim control order
48. Revocation of interim control order halts proceedings for control order

Subdivision 4 -- Variation of interim control orders

49. Application for variation of interim control order
50. Determination of application for variation

Division 3 -- Control orders

Subdivision 1 -- How proceedings for control order begun

51. How proceedings for control order begun

Subdivision 2 -- Applications for control orders

52. Application for control order
53. Form of application
54. Filing and service of application

Subdivision 3 -- Notice of objection to making of control order

55. Notice of objection

Subdivision 4 -- Making control orders

56. Determination of application for control order
57. Circumstances in which control order may be made
58. Conditions of control order
59. Consequential or ancillary orders
60. Form of control order
61. Explanation of control order
62. Commencement and duration of control order
63. Successive control orders permitted

Subdivision 5 -- Appeals, variations and revocations

64. Appeal against making or refusal of control order
65. Appeal does not stay order unless Court of Appeal orders otherwise
66. Determination of appeal
67. Application to vary control order
68. Determination of application for variation
69. Explanation of variation
70. Application for revocation of control order
71. Determination of application for revocation
72. Notice of variation or revocation

Division 4 -- Orders against persons under 18

73. Orders available against 16 and 17 year olds
74. Notification of orders against juveniles
75. Personal service of orders against juveniles required
76. Application of certain Acts relating to persons under 18 not affected

Division 5 -- Effect of orders

Subdivision 1 -- Standard conditions

77. Standard condition: non-association with other controlled persons
78. Other standard conditions

Subdivision 2 -- Non-standard conditions

79. Non-standard conditions
80. Condition prohibiting controlled person from carrying on prescribed activity
81. Commissioner of Police to notify regulatory authority of suspension of authorisation or application

Subdivision 3 -- Surrender and seizure of things

82. Surrendering things that cannot be possessed under order
83. Seizure of things not surrendered
84. Dealing with things surrendered or seized: firearm items, firearms authorisations and weapons
85. Dealing with things surrendered or seized: other things
86. Other written laws providing for disposal of surrendered or seized property not affected

Subdivision 4 -- Requirements to provide identifying particulars

87. Term used: identifying particular
88. Identifying particulars may be taken under Criminal Investigation (Identifying People) Act 2002
89. Power to take identifying particulars exercisable once only
90. Retention and use of identifying particulars taken
91. Disposal of identifying particulars taken
92. Power of police officers to request disclosure of identity

Subdivision 5 -- Notification of order where possession of firearm items prohibited

93. Inquiries about use of, or access to, firearm items
94. Commissioner of Police to notify order to responsible person and co-licensee

Division 6 -- General

95. Orders only available against individuals
96. Order prohibiting entry to premises or place
97. Correcting minor errors in orders
98. Relationship with other laws

PART 4 -- Offences

Division 1 -- Offences by controlled persons

Subdivision 1 -- Non-association offences

99. Association between controlled persons an offence
100. Defences to charges under section
101. Certain associations to be disregarded for interim control orders

Subdivision 2 -- Financing offence

102. Offence for controlled person to get funds to, from or for declared criminal organisation

Subdivision 3 -- Other offences by controlled persons

103. Other contravention of interim control order or control order
104. Failure to disclose identity or giving false particulars
105. Failure to disclose information or giving false information about use of or access to firearm items

Division 2 -- Other offences

106. Recruiting members for declared criminal organisation an offence
107. Permitting premises to be habitually used as place of resort by members of declared criminal organisation
108. Offence for responsible person or co-licensee to allow controlled person to access firearm item

PART 5 -- Protection of criminal intelligence information

109. Term used: criminal intelligence information
110. Protection of criminal intelligence information in proceedings for declaration
111. Protection of criminal intelligence information in court proceedings under this Act
112. Redacted copy of affidavit may be served to protect criminal intelligence information

PART 6 -- Information about declarations and orders

113. Commissioner of Police to keep register
114. Publication of information on register
115. Provision of information about declarations and orders
116. Application of this Part to registered interstate declarations and control orders

PART 7 -- Reciprocal recognition and enforcement of declarations and orders

Division 1 -- Preliminary

117. Overview of this PART
118. Terms used

Division 2 -- Reciprocal recognition of declarations

Subdivision 1 -- Applications for registration of interstate declaration

119. Application for registration of interstate declaration
120. When interstate declaration cannot be registered

Subdivision 2 -- Registration of interstate declaration by registrar

121. Registration of interstate declaration by registrar
122. Period of registration

Subdivision 3 -- Notice of registration

123. Notice of registration

Subdivision 4 -- Commencement, duration and effect of registered interstate declaration

124. Commencement and duration of registered interstate declaration
125. Effect of registration of interstate declaration

Subdivision 5 -- Cancellation of registration of interstate declaration

126. Revocation in jurisdiction where interstate declaration originally made
127. Cancellation of registration of interstate declaration at request of Commissioner of Police or CC Commissioner
128. Cancellation of registration of interstate declaration on application by respondent or others

Subdivision 6 -- Notice of cancellation or expiry of registration

129. Notice of cancellation or expiry of registration of interstate declaration
130. Registrar to notify police commissioner and original court of cancellation of registration

Subdivision 7 -- Effect of cancellation or expiry of registration

131. Effect of cancellation or expiry of registration of interstate declaration

Subdivision 8 -- Evidential provision

132. Proof of making of interstate declaration not required in proceedings for offence

Division 3 -- Reciprocal recognition of control orders

Subdivision 1 -- Applications for registration of interstate control order

133. Application for registration of interstate control order
134. When interstate control order cannot be registered

Subdivision 2 -- Registration of interstate control order by registrar

135. Registration of interstate control order by registrar

Subdivision 3 -- Determination by court of application for registration

136. Referral of application to court for adaptation or modification
137. Determination of application for registration

Subdivision 4 -- Period of registration

138. Period of registration

Subdivision 5 -- Notice of registration

139. Notice of registration
140. Explanation of registered interstate control order

Subdivision 6 -- Commencement, duration and effect of registered interstate control order

141. Commencement and duration of registered interstate control order
142. Effect of registration of interstate control order

Subdivision 7 -- Renewal of registration of interstate control order

143. Application for renewal of registration of interstate control order
144. Registrar to renew registration of interstate control order
145. Period of renewal
146. Notice of renewal of registration
147. Effect of renewal of registration of interstate control order

Subdivision 8 -- Variation and cancellation of registered interstate control order

148. Variation or revocation in jurisdiction where interstate control order originally made
149. Variation of registered interstate control order in this State
150. Procedure where registered order varied to include firearms condition
151. Cancellation of registration of interstate control order at request of Commissioner of Police
152. Cancellation of registration of interstate control order on application by respondent
153. Registration of interstate control order cancelled if control order made under this Act
154. Registrar to notify original court of cancellation of registration

Subdivision 9 -- Evidential provision

155. Proof of making or variation of interstate control order not required on proceedings for breach

PART 8 -- Monitoring and review

Division 1 -- Monitoring

156. Terms used
157. Parliamentary Commissioner to monitor exercise of powers
158. Parliamentary Commissioner to report on monitoring activities
159. Maintenance of confidentiality of criminal intelligence
160. Jurisdiction under Parliamentary Commissioner Act 1971 not limited

Division 2 -- Review of Act

161. Act to be reviewed after 5 years
162. Maintenance of confidentiality of criminal intelligence

PART 9 -- Miscellaneous

163. Nature of proceedings under this Act
164. Costs in proceedings under this Act
165. Proof of service
166. Notification of service
167. Delegation by Commissioner of Police
168. Delegation by Corruption and Crime Commissioner
169. Protection from liability for wrongdoing
170. Regulations
171. Power to make rules of court

PART 10 -- Amendments to other Acts

172. Bail Act 1982 amended
173. The Criminal Code amended

CHAPTER XXVIA -- Facilitating activities of criminal organisations

221C. Terms used 1
221D. Term used: criminal organisation 1
221E. Participating in activities of criminal organisation 1
221F. Instructing commission of offence for benefit of criminal organisation 1
174. Criminal Investigation Act 2006 amended
69B. Searching people for things relevant to interim control orders or control orders 1
175. Criminal Investigation (Identifying People) Act 2002 amended
176. Criminal Property Confiscation Act 2000 amended
177. Evidence Act 1906 amended
178. Liquor Control Act 1988 amended
152NA. Relationship with Criminal Organisations Control Act 2012 1
179. Misuse of Drugs Act 1981 amended
180. Prohibited Behaviour Orders Act 2010 amended
181. Sentencing Act 1995 amended

Division 2A -- Sentencing where declared criminal organisations involved

9A. Terms used 1
9B. Application of this Division 1
9C. Principal objectives of sentencing for offences where declared criminal organisation involved 1
9D. Mandatory minimum sentences where declared criminal organisation involved 1
9E. Section 9D not applicable to persons aged under 18 1
9F. Further provisions relating to mandatory minimum sentences imposed under section 9D 1
9G. Eligibility for parole 1
124C. Orders under Criminal Organisations Control Act 2012 1
Schedule 1A -- Relevant indictable and simple offences for purposes of Part 2 Division 2A

PART 1 -- Relevant indictable offences

PART 2 -- Relevant simple offences

182. Young Offenders Act 1994 amended
Uncommenced provisions table
Other notes
Defined terms

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