South Australian Current Acts

SERIOUS AND ORGANISED CRIME (CONTROL) ACT 2008

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Objects
   5.      Standard of proof
   5A.     Criminal intelligence
   6.      Extra-territorial operation
   7.      Delegation

   PART 2--Declared organisations

   9.      Commissioner may apply for declaration
   10.     Publication of notice of application
   11.     Court may make declaration
   12.     Notice of declaration
   13.     Duration of declaration
   14.     Revocation of declaration
   15.     Procedure at hearings
   17.     Making of subsequent declaration
   18.     Practice and procedure
   19.     Appeal
   20.     Change of name etc
   21.     Evidentiary

   PART 3--Control orders

   22.     Court may make control order
   22A.    Interim control orders
   22B.    Duration of control order or interim control order
   22C.    Variation or revocation
   22D.    Right to object if interim order made ex parte
   22E.    Consequential and ancillary orders
   22F.    Appeal
   22G.    Evidentiary
   22H.    Automatic revocation of order
   22I.    Offence to contravene or fail to comply with control order

   PART 4--Public safety orders

           Division 1--Making of public safety orders

   23.     Senior police officer may make public safety order
   24.     Variation and revocation of public safety order
   25.     Certain variations and orders must be authorised by Court
   26.     Right of objection
   27.     Procedure on hearing of notice of objection
   28.     Appeals to Supreme Court
   29.     Disclosure of reasons and criminal intelligence

           Division 2--Service and notification

   30.     Service and notification
   31.     Urgent orders

           Division 3--Enforcement and evidentiary provisions

   32.     Offence to contravene or fail to comply with public safety order
   33.     Power to search premises and vehicles
   33A.    Principles of equity and good conscience
   34.     Evidentiary

   PART 5--Offences

   34A.    Permitting premises to be habitually used as place of resort by members of declared organisation
   34B.    Recruiting person to become member of declared organisation
   35.     Criminal associations
   36.     Provision of personal details

   PART 6--Corresponding orders

           Division 1--Preliminary

   37.     Interpretation
   38.     Service

           Division 2--Registration of corresponding declarations

   39.     Application may be made by Commissioner
   39A.    Registration of corresponding declaration
   39B.    Notice of registration
   39C.    Commencement and effect of registered corresponding declaration

           Division 3--Cancellation of registration

   39D.    Revocation in jurisdiction where corresponding declaration originally made
   39E.    Cancellation of registration of corresponding declaration by Court
   39F.    Cancellation of registration of corresponding declaration at request of Commissioner
   39G.    Notice of cancellation or expiry of registration of corresponding declaration
   39H.    Effect of cancellation or expiry of registration of corresponding declaration

           Division 4--Registration of corresponding control orders

   39I.    Application may be made by Commissioner
   39J.    Registration of corresponding control order
   39K.    Referral of application to Court for adaptation or modification
   39L.    Expiry of registration
   39M.    Notice of registration
   39N.    Commencement and effect of registered corresponding control order

           Division 5--Variation and cancellation of registered corresponding control order

   39O.    Variation or revocation in jurisdiction where corresponding control order originally made
   39P.    Cancellation of registration of corresponding control order by Court
   39Q.    Cancellation of registration of corresponding control order at request of Commissioner
   39R.    Registration of corresponding control order cancelled automatically in certain circumstances
   39S.    Proof of making or variation of corresponding control order not required on proceedings for breach

   PART 7--Miscellaneous

   39T.    General provisions on service of applications, orders and other documents
   39U.    Representation of unincorporated group
   39V.    Application of Act to children
   39W.    Costs
   39X.    Joint and several liability
   39Y.    Use of evidence or information for purposes of Act
   39Z.    Presumption as to membership
   40.     Immunity from liability
   42.     Prosecution of offence as a summary offence
   42A.    Review of operation of Act
   43.     Regulations
           Legislative history
           The Parliament of South Australia enacts as
           follows: